Niger: Judge order arrest of Munya LG Chairman, Daza for contempt

Justice Mohammed Adishetu Mohammed of Minna High Court 4 has ordered the arrest of Chairman of Munya Local Government Council of Niger State, Garba Mohammed Daza for his refusal to appear in Court after the insurance of form 48 and 49 respectively.

Justice Mohammed has ordered the Chairman to swear in the councilor-elect of Kazzai ward, Attahiru Adamu within 24 hours of the judgement but he refused to comply with the series of his judgement.

Barrister Musa Suleiman of the Summit Chamber has for the second time filed a suit and obtained a judgement compelling the Chairman to swear in Attahiru Adamu as the substantive councilor elect of Kazai Ward under the platform of All Progressives Congress (APC), in Munya Local Government Area.

Similarly, Justice Balkisu Gambo Yusuf of Minna High Court has on Monday, the 29th of June, 2020, delivered a judgement against the First defendant ordering the council chairman to swear in another councilor, Sule Yahaya of Dagunu Ward of Munya Local Goverment.

The Chairman for the second time in the judgement obtained against him, ignored compliance of the judgement to swear in the two councilors without any recourse.

In another judgement delivered Friday in Kuta, Justice Mohammed Adishetu Mohammed had nulified the illegal and unconstitutional swearing in of Erick Dangaladima Guni, as the councilor of Kazai ward.

He avered that Garba Daza lacks the legal capacity to swear in Erick Dangaladima as the elected councilor of Kazai Ward of Munya Local Government Council of Niger State, when he did on 1st January, 2020, ” since the second defendant was not issued with the certificate of return by the Niger State Independent Electoral Commission (NSIEC).

He described the action of the council chairman in swearing the second defendant as councilor of Kazai Ward of Munya Local Government Area on 1st January 2020, as flagrant violation of his oath of office and contravention of his duties as Public officer.

“In the history of Nigerian Jurisprudence, it has never happened where a candidate of a political party who participated in a general election, won the election, issued with a certificate of return will not be sworn in, but another person within the same party.

“This is a high degree of political radicalism and a condemnable act which if not checked and permanently punished and eradicated, it will one day, lead to anarchy”, he warned.

Justice Mohammed then ordered that the second defendant should vacate his office forthwith, “having not been duly elected as the councilor representing Kazai Ward of Munya Local Goverment and ordered the chairman to swear in the plaintiff, Attahiru Adamu within 24 hours of the judgement.

Equally, Justice Mohammed Mohammed has ordered the Niger state Goverment to write an official letter to the council chairman reprimanding him and directing him to stop further disobedience to the rule of law and the sum of N400,000 as damages be paid to the plaintiff by the Chairman.