Just In: Court declares Kogi state Ex deputy governor’s sack illegal

A High Court in Lokoja has declared the impeachment of Simon Achuba, former Kogi deputy governor by the State House of Assembly as not legal.

Justice John Olorunfemi who led the court on Wednesday described Achuba’s removal from office by the Assembly as being against the laid down rules of the country and the subsequent nomination of Edward Onoja as the deputy governor, did not follow due procedure.

The judge also described the Kogi State House of Assembly’s action as a constitutional coup, hatched and executed in a democracy also explaining that the action is contrary to Section 188 subsection 8, a section that stopped the Assembly from further action having discovered that the former deputy governor was not found wanting by the panel.

The Judge said the obligation to produce the remaining volumes of the report alleged to have indicted the Simon Achuba rest with the defendants which they failed to do.

Justice Olorunfem noted that the 29th defendants also did not file a counter-notice, describing the process of impeaching the former deputy governor as not following due process.

In their submission, counsel to the impeached deputy governor, Jibrin Okutachi (SAN), in a 13-page counter-affidavit, submitted that the court should discountenance the application by the Clerk, describing it as a breach of court order 11, rule 2, subsection 4, and section 115 subsection 4 of the evidence act.

Achuba was impeached by members of Kogi State House of Assembly on October 2019. His removal followed the submission of a report of the committee set up by the State Chief Judge, Justice Nasir Ajana, to probe an allegation of gross misconduct against the former deputy governor.

Achuba had also challenged his impeachment and sought for relief of the court to declare his impeachment as illegal and to be reinstated as the rightful deputy governor of the state.