Justice Mohammed Adishetu Mohammed of Kuta High court has ordered the chairman of Munya Local Government Council of Niger State, Garba Mohammed Daza to swear Hon Attahiru Adamu as the legally elected Counirlor of Kazai ward.
Justice Mohammed has ordered the Chairman to swear in the councilor within 24 hours of the 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 councillor elect of Kazai ward under the platform of All Progressives Congress (APC), in Munya Local Government Area.
Justice Balkisu Gambo Yusuf of Minna High Court had on Monday, the 29 of June, 2020, delivered a judgement against the the first defendant ordering the Council Chairman to swear in another Councillor, Sule Yahaya of Dagunu ward in Munya Local Goverment.
The chairman for the second time in the judgement obtained against him, has ignored compliance with 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 Councillor of Kazai ward.
He avered that Garba Daza lacks the legal capacity to swear in Erick Dangaladima as the elected councillor of Kazai ward in Munya Local Government Council of Niger State when he did on 1 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 Councillor of Kazai ward in Munya Local Government Area on 1 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 and will not be sworn in but another person within the same party.
“This is a high degree of political rascality and a condemnable act which if not checked and parmanently punished and eradicated 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 Councillor representing Kazai ward in 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 damagings has been awarded against the Chairman and the illegal Councillor
