An Edo state High Court sitting in Benin on Monday declared as illegal, the removal from office of Mr Yakubu Musa as Chairman of the Etsako West Local Government Area of Edo.
The court presided over by Justice V. O. Oviawe, delivered the judgement in suit no B/204/05/2019.
Musa was removed from office by Governor Godwin Obaseki in July 2019 over alleged corrupt practices based on the findings of an investigative panel he set up.
But in his judgment, Oviawe declared the action of the governor as “illegal, unconstitutional, null and void, and of no effect” and set aside the removal.
The judge held that the state government failed to comply with the relevant provisions of the 1999 Constitution (as amended) and Sections 20 and 21 of Edo State Local Government Law, 2000 (as amended).
The court further held that the removal of office of Yakson based upon the findings of a committee without giving him a fair hearing was unconstitutional.
The court however failed to grant the order restraining the governor from interfering with the rights of the elected chairman of Etsano West because the tenure of all elected LG council officials in the state had lapsed.