BENUE: COURT DISMISSES FORMER COUNCIL OFFICIALS' SUIT AGAINST SACK

BENUE: COURT DISMISSES FORMER COUNCIL OFFICIALS' SUIT AGAINST SACK

The National Industrial Court in Makurdi, presided over by Justice R B Haastrup, has dismissed a suit filed by seven council officials in Guma local government area last year against their dissolution as members of the transition committee last year.
Mr Mathew Nyiutsa, a former Guma local government supervisor, and six others had filed the suit against the local government area, Governor Samuel Ortom, the state government, Attorney General of the state and the House of Assembly.
Mr Justice Haastrup stated that the claimants whose appointments had no constitutional backing cannot claim to be victims of unlawful termination, neither can they also succeed in any of their reliefs.
"I find and hold that the claimants appointment as caretaker committee is inconsistent with section 7 (1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended."
"The claimants were not democratically elected members of the local government council and as caretaker committee they are not recognised by the Constitution."
According to the judge, the action of the plaintiffs was incompetent and unsustainable in law.
The claimants had sought a declaration that the decisions of the defendants to dissolve or interfere with their tenure of office was contrary to section 21(3) of the Benue State local government law, 2007, as amended and therefore unlawful, unconstitutional, null and void.
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