By Achadu Gabriel, Kaduna
An application seeking for interlocutory injunction restraining the Chairman of Kagarko LGA of Kaduna state from performing any official function until the determination of the case filed by eight councilors at High Court in Kaduna has been granted.
Eight Councilors had dragged the Kagarko Council Chairman, Hon. Rabo Nasara and three other institutions before Kaduna State High Court sitting in Kaduna, challenging the rationale for reinstating the Council Chairman.
The Council Chairman Hon. Nasara was earlier suspended by the Kaduna State House of Assembly on allegation of contracts scam.
While on suspension, the Chairman was also allegedly impeached by eight of the Legislative Council members over allegation of contract scam and other offenses ranging from alleged contract inflation, awards without adequate consent of the councilors, amongst others.
The Council Chairman was however later reinstated by the State House of Assembly through the Ministry for local Government affairs after verification, against the alleged impeachment slammed on the chairman by the eight councilors, which resulted to a legal action against the Chairman and three other institutions.
When the case came up for hearing Thursday in High court 16, the application filed by the councilors seeking for an order of the court to restrain the Council chairman Hon. Rabo Nasara, from performing any official duty until the determination of the case was however extended.
Speaking in an interview with Journalists after the sitting, Counsel for the plaintiff, Barrister John Aweh Atama, said “We had an application seeking for interlocutory injunction restraining the defendants from carrying out any activities until the determination of the case.
He also said “Upon service of the motion, the 1st, 3rd and 4th defendants listed below filed a counter affidavit”, saying they need time to go through what they disposed to, in their affidavit.
“So that, if there is need to file our own response, this is the reason why we’ve to take a new date to be able to do that. From what you saw in the court, they didn’t come within time, and that’s why they file a motion seeking the leave of court to give them more time within which to fo that.
“And since it is their right to seek for their response, there’ll be no need for us to oppose the application. And that’s why you noticed I said I’m not opposing their application for extension of time.
“So as it is now, the 1st, 3rd and 4th defendant’s counter affidavit have gone in, and we’re going to take a look at them and see how we can file responses to same. For the second respondents, that’s Kaduna State House of Assembly, they’ve change lawyer and brought another one.
“According to them, they’ve not received the originating processes, and that’s the reason they’ve not been able to file anything. But now that they have received same, they too will file their own response to our motion seeking for interlocutory injunction.
“And that’s why the court Judge, John Ambi, adjourned the case to the 13th of December 2023, so that all the applications be taken together.
Note that “The 1st defendant is the Council Chairman Nasara, 2nd defendant is the State House of Assembly, 3rd and 4th are ministry for LG and the Attorney General of the state, who’s the chief law officer of Kaduna state and represented all the ministries, agency and parastatals.
