From:Femi Oyelola, Kaduna
A Kaduna State high court sitting in Kaduna, yesterday, adjourned the suit filed by 8 members of the Kagarko Legislative Council against the Ministry For Local Government Affairs, Kaduna State, the Kaduna State House of Assembly, the Attorney General of Kaduna State, and the Impeached Chairman of Kagarko LGA, Nasara Auza Rabo.
The Council to the plaintiff, John Ameh Atama, Esq. disclosed this while speaking to the media at the court premises.
According to him, a new Council came in to represent the second respondent which is the Kaduna State House of Assembly, and pleaded for more time to study the prayers of the plaintiffs and respond accordingly.
Barrister Atama Esq said since it is the right of the Council to ask for such an application, he did not oppose it hence, the presiding Judge Justice, John A. Ambi, granted the oral application and adjourned the case to the 13th of December, 2023.
It would be recalled that the Legislative Council of the Kagarko Local Government Area of Kaduna State has instituted a suit against the State Ministry of Local Government, State House of Assembly, State Attorney General, and the impeached LG Chairman, Nasara Auza Rabo, claiming meddling in its functions.
In the suit instituted at the State High Court on Tuesday, the plaintiffs, eight (8) of the Ten (10) legislative council, claim that the recall of Auza Rabo by the State House of Assembly from the suspension does not affect the legislative exercise of impeachment conducted by them, saying that the exercise of the House of Assembly was distinct from that of the legislative council.
The plaintiffs also want the court to declare among others: that the Ministry of Local Government is an appendage of the Executive Arm of Kaduna State government and does not have the vires to alter the decision of the plaintiffs being elected legislators or determine the legality or otherwise of the impeachment of Rabo, except by the pronouncement of a court of competent jurisdiction in line with the principle of separation of powers obtainable in the Nigerian constitution.
“A declaration that the impeachment of Auza Rabo by the plaintiffs pressured by the constituents of the respective eight political wards out of the ten was an exercise legally allowed by the extant laws governing the operations of the plaintiffs and as such, remains valid and subsisting.”