The Katsina State Traders Union, Funtua branch, on
Friday dragged the Funtua Local Government Council before a Katsina State High
Court, for allegedly dissolving its executive.
The applicants, Alhaji
Ibrahim Maidoya, Alhaji Ibrahim Ban’baballe and Alhaji Maikudi Maichitta, on
behalf of the dissolved union leaders, prayed the court, sitting in Funtua, to
declare their dissolution as null and void.
They said that the
council had no legal authority to dissolve the executive, constitutionally
elected by members of the union.
Joined in the suit, as
second defendant, was the present caretaker committee executive members of the
traders union, constituted by the local government council.
According to the
originating summon, pursuant under section 37 of the High Court civil procedure
rules CAP 61 Laws of Katsina state, filed in the court, the traders argued that
the actions contravened the constitution of the union.
The plaintiffs further
argued that the council acted contrary to section 36 (1) of the Constitution of
the Federal Republic of Nigeria.
The News Agency of
Nigeria (NAN) reports that section 36(1) states: “In the determination of his
civil rights and obligations, including any question or determination by or
against any government or authority, a person shall be entitled to a fair
hearing within a reasonable time by a court or other tribunal established by
law and constituted in such manner as to secure its independence and impartiality”.
The plaintiffs, through
their counsel, Mr Salisu Rabi’u, also prayed the court to declare that the
union branch had vested interest by virtue of being elected and sworn in as
executive members of the union.
They further brought a
motion on notice, seeking an order of interim injunction, restraining the
second defendants from conducting election into various offices of the union,
Funtua branch, pending the determination of the suit.
In an affidavit he
deposed to, Alhaji Maidoya told the court that he was elected as the chairman
of the Funtua branch of the union on Aug. 15, 2015 along with others for a
three year tenure.
He added that on Jan.
13, 2017 the first defendant, through a letter, dissolved the executive and appointed
a caretaker committee to pilot the affairs of the union.
Maidoya averred that
since his executive members assumed office, they had continued to run the
affairs of the union well and recorded many achievements.
Such achievements
included securing approval to distribute shops/sheds at the comprehensive
Hospital, Funtua among others.
He added that in
processing applications and allocations of the shops, the union executive was
also generating revenue for the local government council.
When the case was mentioned
on Friday, counsel to the defendants, Zainab Abdullahi, prayed for an
adjournment to enable her prepare for proceedings.
The trial judge,
Justice Lawal Garba, adjourned the case to March 23, for hearing of motion on
notice.
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