A Makurdi High Court presided by Hon Justice Sampson Itodo has dismissed an interlocutory application brought before it by Chief Terkula Suswam, elder brother to immediate past Benue State Governor Gabriel Suswam and Chief Goddy Ikyeleve in suit number MHC/118/2015.
The application seeks an order of the court restraining Benue State Government, the Attorney General of the State and Benue State House of Assembly (defendants) from causing the arrest of the plaintiffs as well as an order of the court restraining the defendants from taking action against the selection and appointment of the plaintiffs as first class chiefs in Benue State.
The ground of the application according to counsel to the plaintiffs, Samuel Anchaver is what the plaintiffs called the purported nullification and invalidation of the selection and appointment of the applicants as first class chiefs.
But the trial judge held that granting the application, which rests on the discretion of the court would imply allowing the plaintiffs to occupy the offices in dispute before the resolution of the case.
According to Justice Itodo, the claim by the applicants that their selection on 2nd May, 2015 was done same day as an earlier order of court restraining the Benue State Government from going ahead with the exercise is an issue that would be determined during trial of the substantive suit.
Consequently, he dismissed the application and its place ordered for accelerated hearing of the substantive suit.
Anchaver however said he was disappointed with the ruling. According to him, his clients came to court for reason of personal liberty arisen from threats of arrest of his clients by Secretary to the Benue State Government, SSG.
The Attorney General and Commissioner of Justice in e state Barr. Mike Gusa however described the ruling as erudite noting that granting the application would have amounted to granting the reliefs sought by the applicants.
Professor Tony Ijoho counsel to defendants described the judgement as sound saying they look forward to the accelerated hearing of the substantive case .
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