In his originating summon, the applicant had stated that the 1999 Constitution which is the Supreme law of the land under which every other law bows recognises only democratically-elected local government councils.
A human rights activist, Sesugh Akume, has written to the Attorney-General of Benue State to respond to the suit seeking the order of court to declare the removal of the elected local government chairmen in the state as a coup d'etat.
SaharaReporters reported on October 24, 2023 that Akume who sued the Benue State government as a private citizen who is concerned over the flagrant violation of the constitutional provisions, dragged Governor Hyacinth Alia, before the State High Court for sacking all elected local government officials in the state shortly after he was sworn as governor on June 23, 2023 in violation of the constitution.
The applicant (Akume) in the suit filed on Monday, October 23, 2023 through his lawyers had contended that Governor Alia's action of sacking or indefinitely suspending the elected local government officials in the state for four months without justification since June 23, 2023 had left the local government system—which is the most critical tier of government, being closest to the people—rudderless with no executive or legislative councils and no governance going on at all.
In his originating summon, the applicant had stated that the 1999 Constitution which is the Supreme law of the land under which every other law bows recognises only democratically-elected local government councils.
Some specific reliefs the Applicant sought include: "setting aside the decisions, communications, and actions of the respondents on the matter; declaring their actions as unconstitutional, illegal, unlawful and, in fact, a coup d’etat; restoring the sacked officials fully back to office and paying all their emoluments and entitlements for the time they were away from office."
However, in a statement on Monday, Akume announced that his lawyers had written the Attorney-General of Benue (who is counsel to the Governor of Benue, and Attorney-General of Benue, the 1st and 2nd respondents in the lawsuit); counsel to the Special Adviser, Bureau of Local Government and Chieftaincy Affairs (the 5th respondent); and the Speaker, and the House of Assembly (the 3rd and 4th respondents) urging them to respond to the court processes in the matter of Sesugh Akume v Governor of Benue & 4 Others (MHC/364/2023).
He stated that his lawyers were eager to hear from them and respond accordingly ahead of the next adjourned date 11 December, set for definite hearing after which is the judgement.
The letter to the attorney-general reads in part thus: "You may wish to recall that the originating processes in the matter were received by all respondents (your office inclusive) on 2 November, 26 days ago today, as confirmed by His Lordship himself from the court records at the last hearing date, 9 November.
‘You may also wish to recall that His Lordship charged both sides to exchange filings for definite hearing/final adoption on the next adjourned date, 11 December.
"We wish to bring to your attention that today, 27 November, is 19 (of 33) days (9 November to 11 December) since the last adjourned date but we are yet to receive any filings from the 1st and 2nd respondents; with more than 2 weeks gone, and with exactly 2 weeks left from today to the next adjourned date for definite hearing/final adoption of all written notices, we are getting concerned.
“If the 1st and 2nd respondents decline to file any counter processes having agreed with the applicant on all issues raised in the suit, and/or for want of a valid counter to the issues, that will be perfectly understood and appreciated; however, if the respondents hope to respond, we appeal that you use your good offices to hasten the process as we are eager to reply to yours and to complete all exchanges before the next adjourned date, please."
The letter concluded that: "It is our considered and firm view that it is more professional and tidier, as well as more respectful of the Temple of Justice (of which we are ministers); of the person of His Lordship; and indeed, the course of justice to complete all filings and exchanges before the next adjourned date as mandated by His Lordship, please."
The deputy chief registrar of the court was copied in the mails (and by implication, the trial judge, the Honourable Mr Justice Polycarp Kwahar, himself) which were duly filed at the court registry to form part of the court records, Akume stated.