The Legislative Council of the Kagarko LG in Kaduna State, Northwest Nigeria, has instituted a suit 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 functions.
In the suit instituted at the State High Court recently, the plaintiffs, eight (8) of the Ten (10) legislative council, claimed that the recall of Auza Rabo by the state House of Assembly from the suspension, does not affect the legislative exercise of impeachment conducted by them.
They said that the exercise of the House of Assembly was distinct from that of the legislative council.
The plaintiffs also want the court to declare among others: that the Ministry of Local Government is an appendage of the Executive Arm of Kaduna State Govt and does not have the right 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 obtainable 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 referring to the plaintiffs as illiterate villagers and walking out the duly elected Speaker of the plaintiffs from uttering a word (sic), and denying any of the plaintiffs from uttering a word or directing the plaintiffs to reverse the impeachment, was 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“That the impeachment exercise conducted by the plaintiffs, being constitutional and legal function of the plaintiffs, superseded the suspension and subsequent recall of Rabo by the Kaduna House of Assembly which suspension and recall is not within the bonds of the Commissioner and the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 assigned privies, agents and whosoever acting on their behalf from further threatening the plaintiffs over the impeachment exercise conducted, parading Rabo as Chairman of Kagarko LGA of Kaduna State.
Motion to that effect comes up on 22nd November 2023 at the State High court.