From Ahmed Kaigama, Bauchi
Bauchi State High Court Number 10 has struck out a suit filed by the All Peoples Congress (APC) challenging Governor Isa Yuguda and 26 others over the appointment of caretaker chairmen to run the local government in the state instead of holding elections.
The presiding Judge, Justice Abdulkadir Hussein Suleiman, in his ruling over the preliminary objection filed by counsel to Yuguda counsel, Hassan Liman, asked the court to dismiss the case because of lack of jurisdiction since the case was instituted over three months after the appointment of the council chairmen.
Justice Suleiman yesterday in Bauchi said the “the case was instituted 9months after the chairmen were appointed by the Governor. Action of the Plaintiffs was brought outside the time limit, the suit is not properly constituted pursuant to section 2(a) of the public officers protection law cap 127 laws of Bauchi 2006”.
Suleiman said “the court lacks the requisite jurisdiction over it,and the plaintiff originating summon is hereby struck out.”
Earlier Counsel to the APC and DPP, Barrister Yakubu Bako, had filed a suit before the State High Court challenging the power of the state government to appoint the 20 caretaker committee chairmen instead of conducting local government elections.
A preliminary objection filed by government counsel, Hassan Liman (SAN), asked the court to dismiss the suit on the ground that the chairmen were appointed since 3rd September 2012 and the complainant waited until 29 July 2013 before he instituted his action.
Liman said by virtue of the operation of statute of limitation, section 2 of the Public officers protection law this action is statute barred.
He said the Plaintiff did not file the suit within three months as contained in the law.
In his reply Barrister Bako said the law cited is a colonial law which commenced since September, 1916 and it has two sections, and the state House of Assembly had enacted another law called Bauchi State Limitation law cap 84 which has 45 sections and its commencement date was15th June 1989.