Court Voids Removal Of Etsako East Council Chairman, Reinstates Him

Chairman of Etsako East Local Government Council of Edo State, Hon. Aremiyau Momoh, has been declared as the authentic chairman local government council by Edo State High Court No 4 sitting in Benin City and Presided over by Hon. Justice Daniel Irowa Okungbowa.

Justice Okungbowa declared Momoh’s purported removal as null and void. He was directed to resume in his official capacity immediately.

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In the case with Suit no: B/ 205/2019 Hon. Aremiyau Momoh vs. Governor of Edo State & ors, the Hon. Justice Daniel Okungbowa granted 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.