From Yakubu Busari, Jos
The Chairman of Langtang North Local Government Council of Plateau State, Hon Ubandoma Joshua Laven has dragged the state Independent Electoral Commission (PLASIEC ), the Commissioner and Ministry of Local Government & Chieftaincy Affairs and the state Attorney General before the High Court, seeking an order to stop the conduct of the LG polls scheduled for October, 2021 .
The Chairman of PLASIEC, Hon Fibia Ntung Ari has fixed the council polls for October.
According to Laven, the decision of the PLSIEC to conduct the poll in October would rob him of a further year in office as he was sworn into office a year after his counterparts. According to the state law, LG Chairmen are meant to stay in office for three years but Laven has done two years, having being sworn in 2019.
Joshua-Laven, in a motion on notice filed before Justice Ishaku Kunda of State High Court 5, said that his action was in pursuance to order 42 and 43 of the Plateau State High Court (civil procedure) rule 2020, section 7 of Construction of the Federal Government 1999 (as amended) and section 38 of LGA Laws 2016 and section 18 of State Independent Electoral Commission (PLASIEC) 2016.
According to Joshua-Laven, the Plateau State Local Government Council Election Appeal Tribunal declared him to be the duly elected Chairman of Langtang North Local Government Council by its judgment of 19th July, 2019 for a three- years tenure but that PLASIEC then issued the him with a Certificate of Return on the 17th October, 2019 while Governor Lalong administered the Oath of Allegiance and Oath of Office on him on the 9th October, 2019.
He pleaded through his counsel, Bar.Niri Darong, that, “The tenure of the Applicant as Chairman of Langtang North Local Government Council under section 38 of the Plateau State Local Government Council Law, 2016, is for three (3) years effective from the date he took the Oath of Allegiance and Oath of Office.
“But the Respondents have fixed 9th October, 2021 as the date to conduct election into the Office of Chairman of Langtang North Local Government Council, among others.
“If not restrained, the Respondents would truncate the statutory three-year tenure of the Applicant,” Joshua-Laven argued.
Consequently, Joshua-Laven said he was seeking for “an order of this Honourable Court for interlocutory injunction restraining the defendants by themselves, their agents, representatives or privies from doing anything or taking steps towards conducting elections into the office of Chairman of Langtang North Local Government Council on 9th October, 2021 pending the hearing and determination of the substantive suit.”
He was also seeking for an order of the Court for mandatory injunction restraining the defendants, their agents or privies from doing anything or taking any step prejudicial to his Office pending the determination of the substantive suit.
When the case came up for mention, Justice Ishaku Kunda on Friday adjourned hearing to the August 17, 2021 for ruling on the motion of injunction .
However, counsel to the defendants Barr. Fidelis Kaatpo did not opposed the application for adjournment sought by the Applicant/Claimant.
