The purported suspension and removal of Hon. Yakubu O. Musa of APC has been declared invalid, null and void and unconstitutional by Edo State High Court No 12, Benin City Presided over by Hon . Justice V.O Oviawe in suit no B/204/2019.
In the judgment delivered on Monday the 27th day of September, 2021, the learned trial judge declared the purported removal of Hon. Yakubu O. Musa by Edo State Governor as null and void.
Hon. Justice V.O 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 suit was filed on behalf of Hon. Yakubu O.Musa by the Law firm 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 and the grounds of suspension as provided by Law before suspending Hon. Yakubu O. Musa was did not follow the extant law.
The Court further held that since the purported suspension was void in law, every other action predicated on it was invalid.
It 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 awarded the sum of #100,000 as costs in favour of the Claimant.
The case was conducted on behalf of the Claimant by Famous Osawaru Eremwanarue Esq., of West Idahosa Law Firm.