Governor Of Zamfara State & Ors. V. Alh. Suleiman Moh’d Gyalange & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

ALOMA MARIAM MUKHTAR, J.S.C.

In the High court of Zamfara state, the respondents in this appeal who were the plaintiffs, by way of originating summons sought answers to the following questions, and reliefs against the defendants/appellants.

“1. Whether the 1st and or the 2nd Respondent can dissolve a democratically elected Local Government Council and replace same with a caretaker committee or Sole Administrator

2. Whether the 1st Respondent (sic) virtue of S.7(1) of the 1999 Constitution of the Federal Republic of Nigeria (sic) appoint the 4th Respondent as Sole Administrator of Gummi Local Government Council
3. Are section (sic) 79 and 80 of Law No. 21 Zamfara State Local Government 2000 not inconsistent with S.7(1) of the 1999 Constitution of the Federal Republic of Nigeria”

The reliefs sought against the respondents are:-

“a. A Declaration that:

i. The 1st Respondent, Governor of Zamfara State has no power whatsoever to appoint any person, or body of persons for the purpose of acting as, or performing any of the function confirmed on a Local Governor by law or by the Constitution of the Federal Republic of Nigeria.

ii. ………

iii. ………

iv. ………

v. ……….

b. An injunction restraining the 1st and 2nd Respondents by themselves, their agents, staff, officers or whoever from interfering, in any manner whatsoever, with Gummi Local Government Council elected on the 27th day of March, 2004 and Constituted on the 21st day of April, 2004 especially by dissolving or purporting to dissolve same or giving effect to any purported dissolution of Gummi Local Government Council or preventing the Applicants from functioning in office as the elected Chairman, Vice Chairman and Councilors respectively of Gummi Local Government Council.

c. An injunction restraining the 4th Respondent from parading himself or holding, representing himself as Sole Administrator of Gummi Local Government Council appointed by the 1st Respondent or in any manner whatsoever performing the statutory function as the Council of Gummi Local Government Council.”

An affidavit in support of the originating summons was sworn to by the 1st applicant, and annexed to it are some documents.

The respondents filed a notice of preliminary objection, the grounds of which are:-