Edo High Court nullifies unlawful removal of elected Council Boss

Hon Aremiyau Momoh has been declared the the valid and de jure elected Chairman of Etsako East Local Government Area Council of Edo State by Edo State High Court No 4, Benin City Presided over by Hon . Justice D.I. Okungbowa in suit no B/205/2019.

In the judgment delivered today, 11th day December, 2020, the learned trial judge declared the purported removal of Hon. Momoh by Edo State Governor as null and void. The Court directed Hon. Momoh to resume office as Chairman immediately.

Hon.  Justice D.I  Okungbowa granted all the prayers contained in the originating Summons filed on behalf of Hon. Momoh by the Lawfirm of West-Idahosa & Co. 

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 as provided by Law  before suspending Hon. Momoh.

The Court  further held  that since the purported suspension was void in law, every other action predicated on it was invalid. The Court  awarded the sum of #250,000 as costs in favour of Hon. Momoh. The Court  dimissed the notice of preliminary objection filed by Edo State Government challenging the competence of the suit. Similarly,  the Motion filled by Edo State Government to arrest the judgment of the Court was dismissed.