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Court Nullifies Removal Of Edo Council Chair Yakubu Musa

Edo State High Court has nullified the removal of a council chairman in Edo State, Yakubu Musa.

Gatekeepers News reports that the Edo State High Court has nullified the removal of elected council Chairman of Etsako West Local Government, Yakubu Musa.

The suit was filed on behalf of Musa by the Law firm of West-Idahosa & Co.

The suit was presided over by Justice V.O Oviawe in suit no B/204/2019. The judge declared the removal as invalid,null, void and unconstitutional.

The judge, in the judgement delivered on the 27th of September, 2021, declared the removal of Musa by Edo State Governor, Godwin Obaseki, as null and void.

Justice Oviawe granted all the prayers contained in the originating summons except prayer (i) which is already overtaken by event because the tenure of the office had lapsed.

The judge held that Obaseki and the state government failed to comply with the provisions of Sections 20 and 21 of Edo State Local Government Law, 2000 (as amended) which mandates consultation with the Edo State House of Assembly.

The court further held that since the purported suspension was void in law, every other action predicated on it was invalid.

The court also 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 also awarded the sum of N100,000 as cost in favour of the claimant.

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