Court declares dissolution of electedCouncilors by Governor Lalong illegal
It would be recalled that Governor Simon Lalong had in 2015 dissolved the democratically elected Local Government chairmen and councilors. The dissolved chairmen and Councilors had instituted separate suit against the governor action before the State High Court in Jos, Plateau State. Apart from this, the People Democratic Party in the State recently also filed a suit at the State High Court over the appointment of another set of Management Committee Chairmen and part time councilors instead of conducting local government election.
Ruling on whether or not Governor Simon Lalong of Plateau State has powers to dissolve elected Local Government councilors in the state. Justice David Mannof the State High Court said the Governor has no such power, also set aside the Local Government Law which the Governorrelied upon to remove the democratically elected council officials.
Justice David Mann said that section 41 sub sections 4 of 2007 Local Government Laws of the state which empowers the Governor to dissolve the council officials isat variance with section 7 of the 1999 constitution as amended and therefore nulland void.
According to the judge, the 2007 Local Government Laws which was amended in 2008 only stipulates two year tenure for the councilors adding that since the councilors were elected in 2014, their two year tenure ought to have expired in 2016. Council to the plaintiff, Gyang ZI said although there was no consequential order by the court to reinstate the ousted councilors, his clients have been vindicatedby the court’s pronouncement declaring the action of the Governor as illegal.