court
…declares sack as illegal, null and void
By Gabriel Enogholase
BENIN—An Edo State High Court sitting in Benin, yesterday, reinstated Mr. Osaro Obazee, Chairman of Oredo Local Government Area of the state, who was recently sacked by the state governor.
The court declared his suspension and subsequent sack from office by Governor Adams Oshiomhole as illegal, null and void.
In her judgment in the suit by Obazee challenging his suspension and later sack from office by the governor, Justice Esohe Ikponmwen held that the relevant sections of the constitution and the Edo State Local Government Law were not adhered to by the governor.
The court also cleared the council chairman of the allegation of financial recklessness levelled against him by the state government, just as it warned agents of the state government from disturbing the reinstated chairman as he goes about his lawful duties.
It will be recalled that Obazee, in the suit by his counsel, Mr. Kingsley Obamogie, had prayed the court to declare that as the constitutionally elected chairman of Oredo council, he cannot be suspended on the whims and caprices of the state governor without regard to the due process of law, especially Sections 7(1) and 36(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
He had also prayed the court to declare that the state governor cannot competently set up a panel of inquiry to investigate allegetions of diversion and misappropriation of public funds in Oredo council and employment of new staff without the approval of the Edo State Local Government Service Commission and also without giving him a fair hearing having already reached a firm conclusion on both issues.
Reacting to the judgment, Obazee expressed the hope that the court’s verdict would further strengthen democracy in the country.
The judgement is coming less than two weeks to the expiration of the tenure of democratically elected council chairmen in Edo State.
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