Adamawa traditional ruler challenges removal in court today
From Isa Abdulsalami, Jos
A SENIOR Advocate of Nigeria (SAN), Chief Fredrick Rotimi Alade Williams, will today in Yola High Court, Adamawa State, argue a motion on notice on behalf of the deposed king of Bachama, Mr. Freddy Soditi Bongo, against the state governor, Mr. Boni Haruna.
The traditional ruler, who was deposed on June 11, 2004, has also joined the state Attorney General and Commissioner for Justice, Mr. Richard Yerima and Mr. Asaph G. Zadok, who was appointed to replace him.
Williams will argue the motion on notice today that the appointment of Asaph Zadok as the Hama Bachama be set aside forthwith and that he be restrained from holding himself out as the Hama Bachama or performing the functions of Hama Bachama until the court otherwise decides.
Williams will also want the court to know that the substantive claim, yet to be determined by it, involves the question of the validity and constitutionality of the deposition of the plaintiff as Hama Bachama.
He is also going to convince the court that the action of the governor is calculated to usurp or render nugatory the judicial powers conferred upon it by the constitutions of Nigeria.
The counsel will finally submit that the action of the Adamawa State governor is accordingly liable to be set aside.
Earlier in the statement of claims signed by Williams himself, the plaintiff is seeking a declaration that his removal contravenes all due processes required before a paramount ruler is removed.
The paramount ruler is also praying the court to declare the action of the governor and his chief legal adviser - the attorney general - ultra vires.
He said the defendants had not conducted a due inquiry and consultation with all the person concerned with the selection of the Hama Bachama nor did the governor receive the advice of the council of chiefs before he purported to depose him.
The statement of claims is also urging the court to declare that the deposed Hama Bachama was not given a fair hearing in relation to the allegations that informed his removal.
It is also claiming that the removal of the paramount ruler was irregular in that before his deposition, the government never for once gave him a query, warning or caution in relation to any of the allegations upon which the deposition of the traditional ruler was predicated.
An injunction to restrain the Adamawa State government "by itself or through its officers, servants, personal representatives, agents or howsoever called, from implementing or taking any steps to implement any action or decision taken by the kingmakers of the Bachama Kingdom," is also one of the reliefs being sought by Bongo.
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