From Yakubu Busari, Jos
Justice Nafisatu Mohammed of the Plateau State High Court at the weekend granted defendants to the suit filed by former Chairman of Qua’an Pan LGA ,Hon Isaac Kwallu challenging his removal from office, the power to high private counsels.
Kwallu filed the suit against the Speaker of the House of Assembly, the office Attorney General and Qua’an Pan LGA Ag Chairman and Councillors,
Justice Mohammed ruled that the prayers of defendants to hire private counsels to represent them was in line with application of 10 paragraph affidavit deposed by secretary of Qua’an Pan LGA, Mr Solomon Kagame.
This followed the withdrawal of Mrs Rebecca Shaseet, deputy director, criminal litigation, Plateau state ministry, who announced her withdrawal during hearing of the suit.
The secretary of Qua’an Pan LGA, had written to ministry of Justice requesting that the Acting Chairman, legislative arm and Councillors be allowed to hire a private legal practitioner to take over the case. He produced a 10- paragraph affidavit with a written address attached.
However, Solomon Umoh, SAN, counsel to the plaintiff, objected to the application by the defendants seeking to be represented by private legal practitioners, arguing that the process of bringing in a private legal counsel was not dully followed in accordance with the practice guideline.
Mrs Shaseet placed reliance on all the process filed by adopting it and told the court that the 4th to 25th defendants have the right to make a choice of who to represent them in court, which was based on practice as directed by “this honourable court.”
In response, Justice Mohammed granted the defendants relief sought to allow them bring in a private legal practitioner to take over their defense.
The plaintiff counsel, Solomon Umoh, SAN, then proceeded with his amended charge dated 4th September, 2020 in which he reminded the court that the mandatory injunction that was filed on the 14th August, 2020 got no response from defendants counsel to the originating summons.
When defendants presented S.S.Obende to take over the case from Mrs Shaseet, Umoh vehemently objected, saying the action was not in accordance with the practice direction of the honourable court as stipulated.
Justice Mohammed thereby adjourned the case to 16th October, 2020 for hearing and to file all processes and also to serve all counsels.
