A High Court in Jos on Friday fixed September 1 to hear a suit filed by a former Chairman of Qua’an Pan Local Government Area of Plateau State, Isaac Kyale-Kwalu, challenging his removal from office.
Joined in the suit are the Speaker of the Plateau House of Assembly, Ministry of Local Government and Chieftaincy Affairs and the state Chief Judge, as 1st, 2nd, 3rd and 4th defendants respectively.
Kyale-Kwalu was on June 30 suspended by the Plateau State House of assembly over alleged misconduct, but was removed on August 5 by a 16-member legislative council arm.
Justice Nafisatu Mohammed fixed the date after Kyale-Kwalu’s counsel, Yetunde Nze, told the court that there was the need to amend the earlier Originating Summons, filed challenging his suspension.
Nze said: “My lord, there’s a twist to the matter before you as our client has been impeached, irrespective of your Lordship’s interlocutory injunction issued on August 4, which calls for an amendment in our Originating Summon.
“We were first challenging our client’s suspension, but as it is now, we have to amend the motion to enable us challenge his impeachment.
“Our client was on August 5 invited for questioning by a penal in respect to the suspension, but while he was waiting at the conference Hall of the Ministry of Local Government and Chieftaincy Affairs, information came to him that the Council’s legislative arm has impeached him while his Deputy had been sworn-in in his stead.”
Nze told the court that the court bailiff faced some challenges in serving the Speaker of House of Assembly and Qua’an-pan legislative arm.
She explained that: “The bailiff told us that when he visited the House of Assembly complex, it was locked up for fumigation while the Qua’an-pan Secretariat was condoned off by security operatives and couldn’t serve them with notices.
“My lord, this is the reason why we are applying for an adjournment to enable us serve them with the amended originating Summon for us to come properly before your Lordship.”
The Defence Counsel, John Mwantu, a principal State Counsel, Plateau State Ministry of Justice, did not object to the application.
As a result, Justice Mohammed adjourned the case until September 1 for the hearing of the amended Originating Summons.