The Court Ruling That Directed Govt, SSS, Police To Effect Sack of Kogi Council Helmsmen (Full Report)

IN THE HIGH COURT OF JUSTICE OF KOGI STATEOF NIGERIA IN THE KOGI STATE JUDICIAL DIVISION HOLDEN AT KOTONKARFE THIS WEDNESDAY 17^TH DAY OF DECEMBER 2014 BEFORE HIS LORDSHIP HON. JUSTICE ALABA OMOLAYE-AJILEYE

MOTION NO- HC/KK/116m/2014.

BETWEEN:

1. KOGI STATE GOVERNMENT
2. ATTORNEY GENERAL AND COMMISIONER FOR JUSTICE, KOGI STATE
3. KOGI STATE INDEPENDENCE ELECTORAL COMMISSION (KOGIEC)
4. BARRISTER ABRAHAM A. OLANIRAN.
5. DAVID O. APEH.
6. HARUNA IBRAHIM
7. AHMED A. SAMARI
8. AMOKA SUBERU – APPLICANT
9. PEOPLES DEMOCRATIC PARTY (PDP) – RESPONDENT

AND

ALL PROGRESSIVE CONGRESS (APC)                                     – RESPONDENT

RULING

From the response of learned counsel for the parties, on whether or not the orders of this court embodied in its judgment of 8^th December 2014, have been complied with, it is discernible that the orders are yet to be complied with. This is most unfortunate. The court guards its power and image jealously. It is the bounden duty of every person against or in respect of whom an order is made by a court of competent jurisdiction to obey it unless and that order is discharged. This duty or obligation extends even to cases where the person affected by an order believes it to be regular or even void. (see Shagaba v. union Bank of Nigeria Plc (1999) LPELR – 3068) (SC)

In the circumstances of this case, I hereby direct the second defendant, the Attorney-General of Kogi State and the Chief Law Officer of the State to ensure compliance with the orders of this court handed down in its judgment of Monday 8^th day of December 2014 within 24 hours from now.

Certified copies of this ruling shall be served on the following officers

1. Attorney-General and Commissioner for Justice of Kogi State.
2. The Commissioner of Police, The Nigeria Police Command Headquarters, Lokoja.
3. The Director, Department of State Security Services.
4. The Commissioner, Ministry of Local Government and Chieftaincy Affairs.

Motion for stay of execution is adjourned to Wednesday, 28^th January, 2015 for hearing.

Signed:

Hon. Justice Alaba Omolaye-Ajileye

Judge

17/12/2014

Counsel Representation:

1. A. Akubo Esq., for the Applicant (D. I. Ugbede Esq., U. S. Uvassa (Miss) & M. A. Titus (Miss) with him).

Emeje Aruwa Esq., for the 9^th Defendant

James Ocholi, SAN, for the Respondent (Isaac Ekpa Esq with him).