The Court also set aside the Local Government Law, which the Governor relied upon to remove the democratically elected Council officials.
Delivering the judgment, Justice David Mann, said that section 41, sub section 4 of 2007 Local Government Laws of the State, which empowered the Governor to dissolve the Council officials, was at variance with section 7 of the 1999 constitution as amended and therefore null and void.
It would be recalled that Governor Lalong had in 2015 after taking the mantle of leadership in the State dissolved the democratically elected Local Government Chairmen and Councilors in the State.
However, the aggrieved Council officials who had approached the court to seek redress insisted that the action of the Governor was illegal as their tenure had not been completed.
The sacked Councilors who had mobilized to the court in large numbers were, however, disappointed when the court ruled against their reinstatement.
According to the Judge, the 2007 Local Government Laws which was amended in 2008 only stipulates, a two year tenure for the Councilors, adding that since the Councilors were elected in 2014, their two year tenure ought to have expired in 2016.
Speaking to journalists after the judgment, Counsel to the plaintiff, Gyang ZI, said “although there was no consequential order by the courtto reinstate the ousted councilors, my clients have been vindicated by the court’s pronouncement declaring the action of the Governor as illegal”, he stressed.
On his part, Counsel to Governor Lalong and three others joined in the suite, Nanle Kumak, said they will abide by the court’s judgment.]]>
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