BY CHAMBERLAIN ODEY, JOS – The candidate of the Peoples Democratic Party (PDP), for Langtang North Local Government Council in the October 10, 2018 councils’ polls in Plateau State, Ubandoma Laven, has described the interim order of stay of execution granted by a state high court against the Tribunal verdict as “an order in breach of the law”.
Laven was declared winner of the Local Government Council election by the Plateau State Local Government Elections Appeal Tribunal,
But the sacked Chairman of the Local Government Council, Kparnin Nanloh, of the All Progressives Congress (APC), had gone to the Plateau State High Court seeking judicial review by way of an order quashing the decision of the Plateau State Local Government Elections Appeal Tribunal which declared Laven as the actual winner of the election.
In his reaction to the interim order, Counsel to the PDP candidate, N.I Darong, in a letter to the Registrar of the State High Court, said from the date his client was served with the enrolled order of the Court till date, no other process has been served his client.
He also noted that the lack of service on his client with an Originating Motion and a Motion on Notice for injunction one week after the interim Order was granted, his client has been left to wonder if the interim orders were not obtained in breach of the law.
He stressed that the law is settled that an interim order of injunction cannot be granted in the absence of a Motion on Notice.
Acting on behalf of his client, the counsel therefore demanded that from the time of receipt of the letter, a motion on Notice upon which an interim injunction was granted as well as the originating summons should be served, otherwise the client has the right to presume that the orders were obtained based on speculation and not on any material placed before the Court.
The Plateau State Local Government Election Appeal Tribunal which declared the PDP Candidate Mr. Ubandoma Joshua Laven winner of the Council poll, also directed the Plateau State Independent Electoral Commission (PLASIEC), to issue him a certificate of return.
However, four weeks after the judgement, the winner is still waiting in the wings while the ouster Chairman, Kparnin Nanloh has remain in office, relying on the obtained interim injunction against the judgement.
Curiously, Governor Simon Bako Lalong, who has been accused by the opposition of complicity in the legal tango and perpetrating double standards has continued to play away.