A High Court sitting in Lokoja, on Thursday declared that the removal of the ormer Deputy Governor of Kogi State, of Elder Simon Achuba, by the Kogi State House of Assembly was illegal and unconstitutional, dding that the subsequent nomination of Chief Edward Onoja did not follow due process.
Delivering Judgement on the matter brought before the court by Elder Simon Achuba, Justice John Olorunfemi of the Lokoja High Court 4 declared that the removal of the former Kogi State Deputy Governor, Elder Simon Achuba from office by the Assembly was null and void.
He added that the process was a violation of the Constitution, adding that the actions and subsequent nomination of another person to the office by the lawmakers.
recalls that the case of Elder Simon Achuba vs the KSHA and 29 others had been on, following, the removal of the Deputy Governor of kogi state.
Justice Olorunfemi described the action of the Kogi State House of Assembly as a constitutional coup, hatched and executed in a democracy.
According to him, the action of the Assembly is contrary to Section 188 sub-section 8, a Section that stopped the Assembly from further action having discovered that Achuba was not found wanting by the panel.
He said the onus to produce the remaining volumes of the report, purported to have indicted the former Deputy Governor, rested with the defendants,adding that they failed to prove.
He said that the 29 defendants also did not file a counter notice, describing the process of removing the former deputy governor as not following due process.
