The Benue State High Court has fixed February 6 for the hearing/ adoption of written notices on the suit seeking for order of the court to declare the removal of the elected local government chairmen and councillors in the state by Governor Hyacinth Alia, as a coup d'etat.
SaharaReporters reported on October 24, 2023, that Sesugh Akume, a human rights activist sued the Benue State government as a private citizen, saying he was concerned over the flagrant violation of the constitutional provisions.
He had 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 marked MHC/346/2023, filed on, 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."
When the matter came up on Friday, the presiding judge, Justice Polycarp Kwahar was today adjourned to Tuesday 6 February for hearing/adoption of written notices.
In a statement made available to SaharaReporters on Friday's Court proceedings, the applicant, (Sesugh Akume), disclosed that the adjustment was on the instance of the prosecution.
The matter of Sesugh Akume v Governor of Benue & 4 Others (Suit Number MHC/346/2023) before the Honourable Mr Justice Polycarp Kwahar was adjourned to Tuesday, 6 February for hearing/adoption of written notices.
He explained that his Counsel, Atume Butu Esq. was not present in court, and following the development he asked the court for a short adjournment to put "our house in order".
"The respondents' lawyers did not oppose the application and also did not ask for costs in the interests of justice, more so that, according to the 3rd and 4th (Speaker, and Benue House of Assembly, respectively) respondents' counsel, our counsel had shown diligence in prosecuting the matter.
"The court was kind to grant a short adjournment despite its full docket as I committed to sorting out all the issues and assuring the court we shall not be asking any further adjournment."
He explained that the attorney-general of Benue, who represented the 1st and 2nd respondents (Governor, and Attorney-General of Benue, respectively) in what he described as an accidental matter drew the attention of the court to what he referred to as two trials' - one in the court, another in the media (especially social media), citing an instance.
"This was denied when the judge asked me whether this was true. Asked whether there was any evidence to show the court, there was none in hand.
"The court cautioned against a media trial, if at all there is any, which he believed there was not, and believed that parties shall submit themselves to the court alone for the adjudication of the matter."
Akume, a public policy analyst, expressed optimism that he would close the case on the next adjourned date and await the judgement of the court.