Speaker Plateau State House of Assembly, Rt. Hon. Yakubu Sanda, alongside 15 other members have filed an appeal against High Court judgement which reinstated the impeached Speaker Abok Nuhu Ayuba.
The appellants notice of appeal was served on the House clark, while Hon. Abok and other seven members were holding plenary, Tuesday morning, amidst tight security within and outside the House premises.
Justice N. L. Musa, of the State High Court, have Monday, issued an order reinstating the ousted Speaker Abok Nuhu Ayuba, with further order which directed the payment of N1.8m benefits to Hon. Abok.
Not satisfied with the judgment, the House Majority Leader and also Chairman Information Committee, Naanlong Daniel, said they would seek for stay of execution and further appeal against the judgment.
The notice of dated, 4/4/2023, read, “the appellants being dissatisfied with the decision of the High Court of Justice of Plateau State sitting in Jos in Suit No. PLD/J585/2021 contained in the judgment of Honourable Justice N.L. Musa delivered on 3rd April, 2023 do hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3.
“The learned trial Judge erred in law when he entertained the Claimants suit and entered judgment in their favour in spite of the fact that the suit was
incompetent which robbed the trial court of jurisdiction to entertain same.
“The 1 defendant in the suit before the trial court did not challenge his removal from office as Speaker of the Plateau State House of Assembly. The Claimants lack the locus standi to challenge the removal of the 1 Defendant from office as Speaker of the Plateau State House of Assembly when he himself has not done so,” they averred.
The appellants further said their ground two was predicated upon another judgment errors, when the judge dismissed their preliminary objections.
“The learned trial judge erred in law when he refused to entertain the Notice of Preliminary objection filed by the 2d, 3rd, 4th, 7th, 8th, 9th 10th,11th, 12th, 13th, 14th, 15th and 16th defendants challenging the jurisdiction of the trial court to entertain the claimants suit but rather dismissed same hearing it,” they further averred amongst others.
The notice of appeal further said, “The 1 and 2nd respondents, Hon. Abok Ayuba, Commissioner of Police, Plateau State Command, and the Commandant, Nigeria Security and Civil Defence Corps, are all affected.”
“An order setting aside the judgment of the lower court and sending the case back to the High Court of Justice of Plateau State for retrial by another Judge. Any other order(s) as this Honourable Court may deem fit to makes,” the appellant prayed.
