COURT NULLIFIES LG BOSS' SUSPENSION
The Benue State High Court sitting in Katsina Ala has nullified out the suspension of Gboko Local Council Chairman, Simon Abua Yajir by the State House of Assembly, insisting that the suspension was 'fraudulently' carried out since it was based on a forged resolution.
The court also described the suspension as worse than a military coup against democratic institutions. Presiding judge, Justice Terseer Kume who delivered judgment on the suit filed against the Benue State House of Assembly and councillors of Gboko Legislative Council yesterday, maintained that the suspension was illegal and ordered for payment of all emoluments and entitlements of Abua for the period of the suspension.
Delivering judgement, Justice Kume accused the House of Assembly of deliberately ignoring its own Standing Rules 8 and 13, which forbids it from deliberating and deciding over matters before the court. He regretted the attitude of the House even after been served with the court restrain order stopping it from debating the fraudulent resolution from the Gboko Legislative Council, yet went ahead to decide on the matter thereby setting aside an injunction of a court of competent jurisdiction.
'Even the military which subverts democracy in the past by using its arms to sack legislators and illegally deprived legislators of law-making powers, have now subjected themselves to democracy, despite still possessing the powers of coercion.
'The patriotic disposition of the military to democracy and the rule of law is what the legislature should emulate. In this case, what the Benue State House of Assembly did is worse than a military coup. The said conduct will live in infamy, perfidy, impudence and legislative intransigence. It is subversion of the oath of office, which members of the House swore to uphold.
'Like the curse of Cain, the contempt committed by the Benue State House of Assembly in this suit has left her with an odious sore with a foul stench which has polluted the streams of justice. Accordingly, it is hereby declared that the suspension of the plaintiff from the office as chairman, Gboko Local Government Council, is unconstitutional, illegal, null and void and of no effect,' Justice Kume declared.
The presiding judge observed that at the end of the tenure of local councils in the state, transition committees had been sworn in by the state government that could not be nullified and so Abua would be re-instated in spite of the ruling.