An Edo High Court sitting in Benin, has declared as illegal, the purported suspension from office of Aremiyan Momoh as Chairman of Etsako East Local Government Area of Edo.
The court presided over by Justice D. I. Okungbowa, on Friday, December 11, 2020, delivered the judgement in the suit no: B/205/2019.
Momoh was suspended from office by Governor Godwin Obaseki over alleged corrupt practices in September 2019.
In delivering the judgement, the judge declared the action of the Governor as null and void and directed Momoh be reinstated to office immediately.
The Judge held that 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 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 N250,000 as costs in favour of Momoh.
The Court dismissed the notice of preliminary objection filed the State Government challenging the competence of the suit.
Similarly, the Motion filled by Edo Government to arrest the judgment of the Court was dismissed.
Okungbowa also granted all the prayers contained in the originating Summons filed on behalf of Momoh by the Law firm of West-Idahosa & Co.
It would be recalled that Obaseki had suspended the Etsako East Local Government Council, Chairman from office for a period of two months over allegations of misappropriation of funds and low revenue generation.
The suspension of Momoh was a fallout of a petition signed by 10 councillors in which they had levelled several allegations of fraud against him.
Some the allegations were that the Momoh had claimed to have spent seven million naira on Sallah gifts as against two million naira that was spent and failure to remit N67 million collected from trucks loading cement from Okpella.
The Chairman was also alleged to have spent N10 million on empowerment, N36 million for grading of roads, eight million naira for security during cult clashes, and N16 million for Christmas gifts.
Source: Leadership
