The lawyers also cited relevant sections of the Local Government Law which use both ‘remove’ and ‘suspend’, with regard to local government officials, interchangeably and interpret both to mean the same thing. Not done, our lawyers filed an amended suit choosing to abandon the first and fourth questions earlier raised, and the prayers associated with them.
Justice P T Kwahar of the Benue State High Court sitting in Makurdi has fixed May 8, 2024 for ruling on preliminary issues in the suit challenging the unconstitutional sacking of elected local government officials in the state and subsequent appointment of caretaker committees in violation of the 1999 Nigeria Constitution (as amended).
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The Benue State High Court has fixed February 6 for the hearing/ adoption of written notices on the suit seeking for order of the court to declare the removal of the elected local government chairmen and councillors in the state by Governor Hyacinth Alia, as a coup d'etat. SaharaReporters reported on October 24, 2023, that Sesugh Akume, a human rights activist sued the Benue State government as a private citizen, saying he was concerned over the flagrant violation of the constitutional provisions.
The claim by the Benue attorney-general (himself who represented the respondents along with a large retinue of lawyers) that they had not been served the originating processes in the substantive matter was discountenanced by the trial judge who confirmed from court records before him that they were indeed served the processes with evidence of acknowledgement.