From Yakubu Busari,Jos
Chairman of Bokkos Local Government in Plateau, Mr Yakubu Machem, has urged the state High Court in Jos to dismiss a suit filed by Malam Yakubu Shanono challenging his removal from office as the ”Ardo” in Daffo district of the LGA.
Malam Shanono, filed the suit before Justice David Mann of a High Court II, challenging the decision of the LG Chairman and five others as defendants to suspend and eventually removed him from office as ”Ardo” of Daffo in 2008.
Shanono, had through his counsel, S.B. Lugard, prayed the court to consider his removal a nullity and declare him the rightful occupant of the Ardo stool in the area.
But Machen and the five other defendants, through their counsel, Mr Niri Darong, challenged the competency of Shanono, and asked the court to dismiss the suit for lack of jurisdiction.
In a preliminary objection to the suit, Darong said that the Plaintiff did not issue the statutory one- month written notice to the defendants or Bokkos Local Government before he instituted this suit.
Darong said; “My Lord, “There is no chieftaincy stool created by Plateau State Government known as Ardo of Daffo.
“Again, the objectors did not raise an objection to this suit immediately it was served on them because of the need to settle the issue so that there can be peace in Daffo.
“Even when a settlement meeting was held in Bokkos Local Government Council Secretariat on Jan. 16, 2020, all the Fulani in Daffo except the plaintiff and the Bokkos Traditional Council agreed on a settlement but the plaintiff asked for two weeks to consult on the solution.
“The plaintiff then sent word after two weeks that he does not accept the solution all the attendees at the meeting except him proffered.
“Again, the plaintiff did not exhaust any remedy for resolution of the dispute before coming to court.”
Darong further explained that the claim of the plaintiff that he was the Hardo of Daffo was caught up by “the Limitation Law having being filed more than five years after he ceased to hold the position of Ardo of Daffo (Hardo of Daffo).”
According to him, “This suit is incompetent in the absence of a one written notice of intention to sue written by the plaintiff and served on the defendants or Bokkos Local Government Council.”
He told the suit could not be determined in the absence of some other persons, namely, Shagari Abdullahi, Mairiga Madugu and Bimbim Shanono.
“The plaintiff has no cause of action because there is no chieftaincy stool known as Ardo of Daffo or Hardo of Daffo by way of written declaration by the Governor of Plateau State.
“This suit which is the third suit filed over the subject matter is an abuse of court process and should be dismissed for lack of jurisdiction, ” Darong urged the court.
Lugard, however, objected to the preliminary objection raised by Darong, describing the suit as competent and in pursuit of his fundamental right as a citizen of Daffo.
He said; “My Lord, this suit is competent, as it is in pursuit of the Plaintiff’s fundamental right as regards the Ardo stool.
“We urge your Lordship to dismiss the Preliminary objection, and allow the suit to heard on it’s merit, ” he pleaded.
After listening to the both sides, Justice Mann reserved ruling in the matter.
