Edo State High Court, Benin, has nullified the removal of Chairman of Etsako Local Government Area, Yakubu Musa.
The Edo State government had, in August 2019, sacked Musa over alleged fraud.
The then state Commissioner for Local Government and Community Affairs, Jimoh Ijegbai, while speaking with newsmen in Benin, said the state government took the decision in the interest of the people of Etsako West.
According to him, Governor Godwin Obaseki had frowned at the very high wage bill of Etsako West Local Government, which amounted to over N66m.
However, it was later found out that the chairman had imputed fictitious names into the wage billl, for which reason he was sacked.
Many had claimed that he was sacked because of his closeness to former governor, Adams Oshiomhole.
Meanwhile, Edo High Court has set aside his removal.
Specifically, the Court declared Musa’s sack as invalid, null, void and unconstitutional.
Justice V.O. Oviawe, in the suit marked B/204/2019, held that the sack of the claimant was illegal and of no consequence.
Justice Oviawe, in the judgment, granted all the prayers contained in the originating summons, except prayer for his reinstatement which, he said, had already been overtaken by events.
The tenure of the office had since elapsed early in the year.
The Judge held that Edo State Governor and the government failed to comply with the provisions of Sections 20 and 21 of Edo State Local Government Law, 2000 (as amended) for failing to consult with the Edo State House of Assembly before acting on the matter.
Oviawe held that the grounds of suspension as provided by Law before suspending Hon. Yakubu O. Musa did not follow the extant law.
The court further held that since the purported suspension was void in law, every other action predicated on it was invalid.
He further held that the 1st-4th defendants lacked the power to suspend and remove the claimant on grounds of fraud without giving him a fair hearing.
The court awarded the sum of N100,000 as costs in favour of the claimant.
The case was conducted on behalf of the claimant by Famous Osawaru Eremwanarue Esq., of West Idahosa Law Firm.
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