By Bomba Dauda
A former Caretaker Chairman, Jaba Local Government Council (LGC) of Kaduna State, Mr. Alexander Guruza Hyamu has sued Kaduna State Governor, Mallam Nasiru El-Rufai over what he described as ‘unconstitutional’ appointment of Interim Management Committees.
Guruza, through his lawyer, James Kanyip, Esq, is accusing the Governor at the High Court of Justice of Kaduna State
for appointing Chairmen in the third tiers of government instead of organizing a democratic elections.
Elanza News gathered that others joined in the suit are the Attorney-General of the State as 2nd Defendant, SIECOM (3rd Defendant), and the Speaker, Kaduna State House of Assembly as 4th Defendant.
With suit number: KDH/KD/680/15, Guruza is asking the court to determine, “Whether the provisions of section 14 (3) (a),(b)(c)&(d) of the Kaduna State Local Government (Administration) Law No. 11 of 2012 which empower the Governor and State House of Assembly to extend the tenure of elected Local Government Councils after the expiration of their two-year tenure or, by extension, allow them to appoint Transitional Councils or Interim Management Committees in whatever guise before and/or without conducting democratic elections.
According to the Plaintiff, the decision of the Governor is not inconsistent with the provisions of section 1(2), and section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999.
Guruza is praying the court to declared the Governors decision unconstitutional, null and void.
The Plaintiff is also asking the court to determine “Whether the appointment, swearing in and/or inauguration of the Transitional Councils or Interim Management Committees of the twenty three (23) Local Government Councils of Kaduna State by the 1st Defendant on 06/07/2015 is not contrary to the provisions of section 1(2), and section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999.”
He also demanded the court to determine “Whether the 1st and 3rd Defendants are not compellable by virtue of the provisions of section 25 of the Kaduna State Independent Electoral Commission Law No. 10 of 2012 to forthwith issue the mandatory ninety (90) days’ Notice of Election preparatory to the conduct of the general elections in the twenty three (23) Local Government Councils of Kaduna State; and, immediately thereafter, to conduct general elections into the twenty three (23) Local Government Councils of Kaduna State.”
The counsel to the plaintiff urged that, “It is settled and no more open to legal debates and arguments that the Constitution is the supreme law of the land; its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria, and that any law which is inconsistent with its provisions shall be void to the extent of its inconsistency.
Kanyip who refers the Court to section 1(1) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, submitted that the unconstitutionality and illegality of the appointment and inauguration of Transition Councils or Interim Management Committees, or Caretaker Committees or Sole Administrators, or in whatever guise, names or nomenclatures used to describe them, of the Local Government Councils in Nigeria as against democratically elected Councils has been settled in the constitutional jurisprudence.
The plaintiff urges the court to declare the provisions of section 14 (3) (a),) b), (c) and (d) of the Local Government (Administration) Law No. 11 of 2012 as inconsistent with the provisions of section 1(2) and 7(1) of the Constitution and therefore unconstitutional, illegal, null and void to that extent; an order forthwith, the dissolution of the Transitional Councils or Interim Management Committees of the 23 Local Government Councils of Kaduna State appointed, sworn in and inaugurated by the Governor on the 6th of July, 2015.
He also wants the court issue an order compelling the Governor to forthwith issue the 90 days’ Notice of Election in accordance with section 25 of the Kaduna State Independent Electoral Commission Law No. 10 of 2012, and to conduct the general elections thereafter in the 23 local councils.
December, 16th, 2015 has been fixed for hearing. (Elanza News)