Barr. Bello Idris Galadi and his foundation have dragged the State Governor, Attorney General and Commissioner for Justice as well as State House of Assembly to Zamfara State High Court over the dissolution of the local government Council Chairmen and appointment of Local government Caretakers.
In an originating summons which was brought pursuant to order 3 rules 5,6 &8 (1&2) of Zamfara State High Court Civil Procedure Rules 2014 a copy which was obtained by the Thunder Blowers Online News Medium prayed for the court to determine whether:
1. Whether in the light of Section 128(1) of the Constitution of the Federal Republic of Nigeria (1999 as amended), the 3rd Defendant was not obligated under the law to follow due process in the removal of the fourteen (14) Local Government Councils on the 4th June, 2020.
2. Whether in the light of Section 128(1) of the Constitution of the Federal Republic of Nigeria (1999 as amended), the 3rd Defendant was not duty bound, in the exercise of its right to investigate, to publish the resolution in its journal or in the official Gazette of the government of the state.
3. Whether having regards to Section 81(1) Zamfara State Local Government Law, 2012, the 1st Defendant was right to appoint eight (8) out of the fourteen (14) Local Government Council Chairmen as Sole Administrators even though they were not cleared from the wrongdoings.
4. Whether the action of the Defendants was not an affront to democracy as recognized under Section 7 of the Constitution of the Federal Republic of Nigeria (1999 as amended).
5. Whether the appointment of the eight (8) out of the fourteen (14) Local Government Council Chairmen as Sole Administrators, a day after they have been indicted by the 3rd Defendant was not an attack to the sensibilities of voters and conscience of the common man.
6. Whether the 3rd Defendant was right to rely on the report of the Auditor-General to indict the fourteen (14) Local Government Councils for embezzlement without conducting an independent investigation on the matter.
7. Whether having regards to plethora of the Supreme Court authorities on the appointment of Sole Administrators by the State Governors, Section 81(1) and (b) and (ii) and (2) and (a) and (b) and (c) respectively of the Zamfara State Local Government Law, 2012 is not contrary to Section 7 of the Constitution of the Federal Republic of Nigeria (1999 as amended) and therefore null and void to the extent of its inconsistency.
8. Whether having regards to Section 36(1) of the Constitution of the Federal Republic of Nigeria (1999 as amended), the fourteen (14) Local Government Councils were entitled to fair hearing and sufficient facilities to defend themselves of the allegations.
WHEREOF THE PLAINTIFFS CLAIMS AGAINST THE DEFENDANTS, JOINTLY AND SEVERALLY AS FOLLOWS:
1- A DECLARATION that due process was not followed by the Defendants in removing the fourteen (14) Local Government Councils of Zamfara State;
2- A DECLARATION that the action of the Defendants is inconsistent and repugnant to democracy;
3- A DECLARATION that the removal of the fourteen Local Government Councils is illegal, null and void;
4- A DECLARATION that the appointment of the eight (8) Local Government Council Chairmen out of the fourteen removed is illegal, null and void;
5- A DECLARATION that the actions of the Defendants is repugnant to democracy, natural justice, equity, good conscience, good governance, peace and order;
6- A DECLARATION that the fourteen (14) Local Government Councils have not been given the opportunity and facility by the Defendants to defend themselves of the allegations.
7- A DECLARATION that Section 81(1) and (b) and (ii) and (2)(a) and (b) and (c) respectively of the Zamfara State Local Government Law, 2012 is inconsistent with the provisions of Section 7 of the Constitution of the Federal Republic of Nigeria (1999 as amended) and therefore null and void to the extent of its inconsistency.
8- AN ORDER of this Honourable Court setting aside the removal of the fourteen (14) Local Government Councils in Zamfara State made by the 1st Defendant on the 4th June, 2020;
9- AN ORDER of this Honourable Court setting aside the appointment of the eight (8) out of the fourteen (14) Local Government Council Chairmen made by the 1st Defendant on the 5th June, 2020.
10- AN ORDER of this Honourable Court directing the Defendants to hence forth consolidate and sustain democracy by ensuring periodic credible elections into the Local Government Councils in Zamfara State and uphold the rule of law;
11- AN ORDER of perpetual injunction restraining the Defendants, their agents, privies, assigns et al from committing further breach of the aforesaid constitutional/ statutory provisions;
12- The cost of this suit to be determined by this Honourable Court; and
13- AND for such further or other orders as the justice of this case
