Council Chairman illegality removed by Obaseki, gets victory in court
Hon Aremiyau Momoh declared the Authentic Chairman of Etsako East Local Government Area of Edo State by Edo State High Court No 4,Benin City Presided over by Hon . Justice D.I. Okungbowa ,his purported removal declared null and void .Hon Momoh directed to resume immediately.
Today the 11th of December,2020 in Suit no: B/ 205/2019 Hon. Aremiyau Momoh vs. Governor of Edo State & ors. ,the Hon. Justice D.I. Okungbowa grants all the prayers contained in the originating Summons and declared the purported suspension of the Claimant as illegal ,null and void .
The Court held that the Defendants failed to comply with the Provision of Section 20 and 21 of Edo State local government law 2000 ,(As Amended), in consultation with the Edo State House of Assembly as provided by Law before suspending him .
The Court further held that if the purported suspension is void Every other action follows is null and void .
The Court awarded costs of N250,000:00k in favour of the Claimant.
The Court also dimissed the Notice of preliminary objection and the Motion filled by the Defendants to arrest the judgment of the Court.
The Court ordered that the Chairman should resume immediately stating that the Chairman of a Local Government in Nigeria by Law is not a mere Messenger of the Governor.
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