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Published On: Tue, Dec 17th, 2019

Creation of new district heads in Bauchi unconstitutional -Court

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From Ahmad Mohammed, Bauchi

The Bauchi State High Court number five presided over by Justice Aliyu Baba Usman has declared the law passed by the 8th Bauchi State House of Assembly on the creation of additional districts heads, villages and hamlets 2019 as unlawful, unconstitutional.
Justice Aliyu stated this when he declared judgement on the suit yesterday in Bauchi filed by seven former lawmakers: Yakubu Abdullahi Shehu, Aminu Tukur, Auwal Hassan, Maryam Garba Bagel, Ibrahim Bello Katagum, Abdulmumini Bala Fanti and Bello Idris Dambam against Bauchi State House of Assembly, the Speaker, Bauchi State governor and the State Anthony General.
He said, “Upon hearing the originating summons the supporting affidavit and the exhibits attached and written address dated 23rd may 2019, pursuant to order 6 rule 3 of the Bauchi State High Court, civil procedure rules , seeking for an order for declarations and further affidavit of 9 paragraphs filed on 19th July 2019, and upon failure of the respondents to appear or file counter affidavit challenging the plaintiffs case, despite services on all the processes on them, and after listening and considering the submission made through the written address pursuant to the Bauchi State High court practice direction No 4 of 2017 by Barrister Mukhtar Abubakar Usman and one other learned counsels for the Plaintiffs it’s here by ordered, Than an order for declaration is hereby made, that the proceedings conducted by the Bauchi state House of Assembly on 15th may 2019,to the purported passage of a bill for a law to create additional districts , village areas and hamlets, is irregular unlawful and therefore void, having been in dereliction on the standing orders of the Bauchi State House of Assembly and the legislative due process.”
Justice Aliyu declared that the bill for a law to create additional districts , village areas and hamlets 2019 has not passed through the required process stipulated by law its therefore null and void unconstitutional and of no legal effect what so ever,
He said the law was done in bad faith and it’s unlawful and awarded the cost of N50, 000 against the defendants.

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