By Okhide Em’ya David
Edo State High Court No 4, Benin City has nullified the removal of Patrick Aguinede as Chairman of Esan West Local Government Area Council of Edo State by the state Governor, Mr. Godwin Obaseki and declared him the valid and legally recognized elected Chairman.
Presiding Judge Hon .Justice D.I. Okungbowa, while delivering judgment in suit number B/11/2020 on the 29th day of January 2021, declared the purported removal of Hon. Patrick Aguinede by Edo State Governor as null and void.
The Court directed Hon. Patrick Aguinede to resume office as Chairman of the Council immediately.
Hon. Justice D.I Okungbowa granted all the prayers contained in the originating Summons filed on behalf of Hon. Patrick Aguinede and by the Law firm of West-Idahosa & Co.
Presiding 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. Patrick Aguinede was not followed.
The Court further held that since the purported suspension was void in law, every other action predicated on it was invalid.
The Court was told that the 1st-4th defendants abandon their notice of preliminary objection challenging the jurisdiction of the court on the ground of filling it in High Court instead of in the National industrial court after counsel to the claimant joined issues with them and even drew their attention to it at the point of hearing the case but they opted to abandon it.
The sum of N200,000 was awarded as costs in favour of Hon. Patrick Aguienede.
