Kogi court quashes former deputy governor’s impeachment
A high court sitting in Lokoja, Kogi state has declared the action of removing the former Deputy Governor of the state, Chief Simon Achuba by the Kogi state House of Assembly as illegal and unconstitutional.
The presiding judge, Justice John Olorunfemi while delivering judgement on the matter in Lokoja yesterday, described the action of the state assembly as “legislative rascality.”
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He posited that since the seven-man panel set up by the state chief judge to investigate the allegation of gross misconduct against the claimant by the state assembly submitted that the allegation could not be proved, further action on the matter ought to have been discontinued based on Section 188 of the constitution.
The judge therefore, wondered why those that ordinarily ought to make laws for the good governance of the country would turn out to be law- breakers and subsequently, held that the removal of the claimant by the first to the 25th defendants amount to flagrant abuse of the constitution.
Justice Olorunfemi further held that the swearing in of the 29th defendants by the chief judge after his nomination and confirmation by the state assembly was in order, as the 30th defender was simply performing his constitutional role being the chief judge of the state.
He therefore, stressed the need for legal practitioners to always watch their utterances, instead of portraying the judiciary or the court in bad light, being co-worshippers in the temple of justice.
On the whole, the presiding judge, pointed out that the first to the 25th defendants have failed woefully in their legal antics to frustrate the suit and held that their removal of the claimant was unconstitutional, invalid, and subsequently, granted all the reliefs sought.
Reacting to the judgement, Ojonimi Apeh, who represented Jibrin Okutepa (SAN), counsel to Achuba described the court’s decision as a victory for democracy and the rule of law.
He commended the judge for the well considered judgement and the industry put into writing the judgement, adding however, that they are prepared to meet their opponents in the appeal court, if they are not satisfied with the decision of the lower court.
Also speaking, counsel to the first to 25th defendants, Isaac Ekpa, said he would get a copy of the judgement, study it with a view to advising his clients appropriately.
Equally, in his reaction, counsel to the 30th defendant, Yemi Mohammed commended the presiding judge for the judgement, saying the decision by the chief judge to swear- in the new deputy governor was purely to discharge his constitutional duties.
He opined that his client cannot be blamed for not declining to swear -in the new deputy governor, since there was no injunction preventing him from going ahead with such action.
