Posted by By Udede Jim on
On Monday, 29th August, 2005, two councillors of Asari-Toru local government area (ASALGA), namely Hon. Tubotamuno Egba and Hon. Silas George threw a spanner into the ride of ten others who have been arrow-head of factionalization of the Legislative Arm with their fight to unseat Hon. Daye Osima Ojuka as leader, since June 14, this year.
On Monday, 29th August, 2005, two councillors of Asari-Toru local government area (ASALGA), namely Hon. Tubotamuno Egba and Hon. Silas George threw a spanner into the ride of ten others who have been arrow-head of factionalization of the Legislative Arm with their fight to unseat Hon. Daye Osima Ojuka as leader, since June 14, this year.
They secured some legal reliefs for their cause in suit no PHC/1409/2005 when Hon. Justice S.O. Iragunima as the presiding judge, sanctioned the non-sitting of the defendants through an undertaken signed by the counsel to the ten defendants, Mr. I Clinton-West, until the motion on notice is heard and determined.
In the suit filed by Hons. Egba and Silas George against Hons. Alasela F. George, Iyowuna Tariah, Orinate Amachree and seven others (defendants), one of the plaintiffs' claim is "a declaration that all actions undertaken and legislative functions purportedly performed since the filing of the suit No DHC/22/2005 and more particular to the exclusion of the plaintiffs are illegal, null and void and of no effect whatsoever".
The plaintiffs also seek declarations that they, being duly elected councilors of ASALGA Legislative Assembly, are legitimately entitled to know, be informed and given opportunity to participate in the meetings of the House and any deliberate attempt to exclude them is illegal, oppressive, denial of their fundamental rights and therefore unconstitutional, and that all decisions reached or purported to have been reached at such illegal sittings during the undue deprivation of the voting rights of the plaintiffs are null and void, in addition to an order of perpetual injunction restraining the defendants from parading themselves as constituting the Asari-Toru local government area Legislative Assembly to the exclusion of the plaintiffs.
After arguments by both counsel (Chief O.T.K.D. Amachree for plaintiffs and Mr. I. Clinton-West for the defendants), Hon. Justice Iragunima adjourned the case to September 12 for motion on notice.