*Want Ag chairman swear- in
By Achadu Gabriel, Kaduna
As crises persists and escalates, the Legislative Council of the Kagarko LGA of Kaduna State has instituted a legal action 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 legislative functions.
In the suit filed at the State High Court on Tuesday, the plaintiffs and eight (8) of the Ten (10) legislative council members claimed that the recalled of the council chairman, Auza Rabo by the State House of Assembly from 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 LG legislative council.
The plaintiffs are also asking 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 stipulated 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.
“That the invitation of the plaintiffs by the Commissioner for LGs to attend a meeting over the recall of Rabo, the flashing of a suspension letter in a conference hall, threat of suspension of the duly elected plaintiffs by the Commissioner over the Legislative exercise of impeachment of Rabo, was an abuse of power, illegal, crude, unwarranted, uncivilized, unconstitutional, null and void and of no effect whatsoever.
“Referring to the plaintiffs as illiterate villagers and walking out the duly elected Speaker, the plaintiffs from uttering a word, and denying any of the plaintiffs from uttering a word or directing the plaintiffs to reverse the impeachment, was also an abuse of power, illegal, crude, unwarranted, uncivilized, unconstitutional, null and void and of no effect whatsoever.
“That the impeachment exercise conducted by the plaintiffs, being constitutional and legal function of the plaintiffs, superseded the suspension and subsequent recall of Rabo by the Kaduna House of Assembly which suspension and recall is not within the bonds of the Commissioner and the House of Assembly.
“An order directing the Ministry and Rabo’s Principal, Gov. Uba Sani to swear-in the Acting Chairman, Hon. Mustapha Gidado as the substantive Chairman, Kagarko Local Government Area within 24 hrs.
“An order of perpetual injunction restraining the defendants inclusive of their assigns, privies, agents and whosoever acting on their behalves from further threatening the plaintiffs over the impeachment exercise conducted, parading Rabo as Chairman of Kagarko LGA of Kaduna State”, it stated.
The Motion to that effect comes up on 22nd November 2023 at the State High court, for mentioning.
