JUSTICE AT LAST FOR YAKUBU O. MUSA AS COURT DECLARES HIS REMOVAL FROM OFFICE ILLEGAL




By Mike ALADENIKA



The purported suspension and removal of  Hon. Yakubu O. Musa of APC has been declared  invalid,null and void and unconstitutional  by Justice V.O Oviawe of Edo State High Court No 12, sitting Benin City.


Delivering the judgement  In suit no B/204/2019, on the 27th day  of September, 2021, Justice V.O Oviawe declared the purported removal of Hon. Yakubu O. Musa by Edo State Governor as null and void.

Hon.  Justice V.O Oviawe granted all the prayers contained in the originating Summons except prayer 1 which is already overtaken by event because the tenure of the office had lapsed.

The learned 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) in failing to consult with the Edo State House of Assembly and 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. And held that the 1st-4th defendants lack the power to suspend and remove the Claimant on ground of fraud without given him fair hearing

The Court  awarded the sum of #100,000 as costs in favour of the  Claimant.
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