From Yakubu Busari,Jos
The Chairmen of the Seventeen (17) Local Government Councils and their Councillors in Plateau State have urged the court to dismiss an application seeking the order of the court for rejoinder from the claimants’ originating summons on the illegal suspension and truncating of their tenure in office .
The counsel to claimants ,Top Kekemeke made argument during the Monday proceedings at the Plateau State High Court presided over by Honourable Justice S.B.Samchi .
Hon. Miskoom Alex Naantuam ,Jock Alamba and 15 ors in a petition before the court are seeking for their reinstatement as their tenure in office hasn’t yet expired, including that of the councillors .
Barr. David Peter ,the defendants counsel told the court that they have served the claimants on the 17/11/2023 clearing motion on notice by the defendants for rejoinder where the respondents has filed counter affidavit challenging the ground of that application .
According to him,in response to the counter affidavit, “we the defendants filed our reply on points of law which was filed out of time while the claimant is seeking the leave of the court to be allowed to reply on point of law .
He said the claimants have been served with the motion on Monday as Dusu, the defendants counsel apologized for a peaceful resolution. “We are ready to proceed and the claimants counsel Top Kekemeke said they’re equally ready.”
Justice Samchi however urged the defendants to proceed and Dusu presented the motion on notice dated 24/11/23 but was filed on the 27/11/23 , wherein he said “this application was not opposed by the claimants counsel top Kekemeke as was moved.”
However, Dusu urged the court to grant him all the reliefs sought as this was not opposed by the claimants’ counsel.
Justice Samchi delivering ruling on that application dated 27/11/23 granted the prayers as replied of 13/11 /23 on point of law deemed to have been filed by the claimants and the defendants’ motion on notice rejoinder signifying their readiness.
Dusu disclosed before the court that there was a motion on notice dated 17/10/23 and filed on the 9/11/23 seeking for two reliefs and predicted on six (6) grounds in support of a 3- paragraph affidavit deposed by one Nehemiah Abi. He also filed a written address and urged the court to grant the said application .
He relied on paragraphs of the affidavit as he adopted the written address served on the claimants’ counsel.
In a swift response, Top Kekemeke opposed the second application saying they’ve also filed a counter affidavit and a written address challenging that application seeking rejoinder. The counter affidavit dated 13/11/23 was accompanied with a written address all of which was adopted. He urging the court to dismiss the motion because it was, in his view, utterly lacking in merits
“We serve them by point of law this morning and the defendants raised fresh issues to which this honourable court can’t make order time pass .It can’t make order to an unknown party that is similarly seeking to join as a party the reliefs on the originating doesn’t affect,” he submitted, adding that,”it is fresh issues in paragraph 1:07 page 6, so Top Kekemeke urged the court to refuse the application for lacking in merit. The only main objective is to delay the hearing of this substantive suit .”
Justice Samchi adjourned the ruling to Wednesday, November 29 and continuation of hearing on the originating summons as sheduled .
