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Bauchi high court sacks district head, awards N10,000 cost against Yuguda …

| April 10, 2013 More

 WorldStage Newsonline– A Bauchi High Court presided by Justice Mrs Yalim S. Bogoro Tuesday sacked Alhaji Sanusi Umar who was appointed as the newly created Isawa District in Giade Local Government Area, Katagum Emirate Council of Bauchi State.

 The Court also awarded N10, 000 cost in favour of Plaintiffs against the Defendants jointly, and severally, in a Suit No BA/169M/12 filed on September 19, 2012, by Alh. Muhammad Yaya Abubakar, Alh. Ahmad Abubakar and Alh. Umar Abubakar [Plaintiffs] against Katagum Emirate Council, the Governor of Bauchi State, the Commissioner for Local Government and Chieftaincy Affairs, Bauchi State Local Government Service Commission and Sanusi Umar (Defendant)].

 In an Originating Summons, filed by the plaintiffs’ counsel, Rabiu Garba Esq., the three sons of Abubakar (plaintiffs) asked the court to determine whether the appointment of Sanusi Umar as the District Head of Isawa in Katagum Emirate Council of Bauchi state was lawful having regards to Sections 5 [1] (c) and 5 [2] of the Bauchi state ‘Administrative Districts and Village Areas Law 2011’

Whether Alh. Muhammad Yaya Abubakar [First Plaintiff] is supposed to be appointed as the District Head of Isawa in Katagum Emirate Council as contained in section 5 [2] of the Administrative Districts and Village Areas Law2011.

And if either of the plaintiffs excluding the fifth defendant [Sanusi Umar]is entitled to be appointed as the District Head of Isawa with regards to section 5[1](c) of the state’s Administrative Districts and Village Areas Law,2011.

The plaintiffs further prayed the Court to declare the appointment of Sanusi Umar as the Isawa District Head as null, and void, in compliance with the Bauchi state existing law on Administrative Districts and Village Areas 2011.

The plaintiffs also urged the Court to declare either of the plaintiffs excluding the fifth defendant as the right person to appointed as the Isawa District Head, and an Order of Mandatory Injunction directing Bauchi State Governor to appoint any of the plaintiffs as the District Head of Isawa pursuant to the state’s existing law on Administrative Districts and Village Law 2011.

Section 5[1] (c) and 5 [2] of the Bauchi state law on Administrative Districts and Village Areas signed into law on August 8, 2011 says ‘’for any District in which the mode of succession in practice is based on a lineage of hereditary, such hereditary succession shall, in so far as is practicable be maintained provided that in so far is possible, appointments shall be made among the ruling family’’.

While 5[2] stipulates that ‘’In all events where a village area is upgraded to a District, the Village Area Head shall automatically ,unless there are other compelling supervening factors be the new District Head’’.

But reacting to the judgment, Barr.Naseer Mohammed Jumba who represented Sanusi Umar said he hoped to appeal, while A S Gumba Esq., counsel to Katagum Emirate Council, Bauchi state Governor, Ministry for Local Government and Chieftaincy Affairs and local Government Service Commission said ‘’I will consult my clients on the next cause of action’’.

Category: Bauchi State News

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