A High Court sitting in Kuta Niger state has declared the suspension and removal of the chairman of Shiroro local government area of Niger state, Suleiman Dauda Chukuba as null and void, ordering his immediate reinstatement.
In a ruling delivered Monday, the presiding judge, Justice Mohammed Mohammed also declared as illegal, null and void all actions taken by the state Governor in connection to the purported suspension of the council boss.
The council chairman was in December 2020 suspended and removed from office by 9 of the council lawmakers before Governor Sani Bello instituted an investigative panel to prove the embattled chairman.
The court ruled that the executive chairman was not given the opportunity to respond to allegations of financial misappropriation leveled by the councillors before slamming suspension on him.
“That section 31(3) (4) and (5) of local government law 2013 has preserved the right to fair hearing of the plaintiff and its contravention by the 2nd defendant amount to violation of section 36 of the Constitution of Nigeria, 1999 as amended”, the court ruled.
It said “the suspension and or removal of the plaintiff by the 2nd defendant pursuant to its meeting of 29th December 2020 is unconstitutional, illegal, null and void.”
The court also nullified the appointment of the vice chairman of the council as acting chairman, adding that “all steps taken by 2nd to 7th defendants in furtherance of the meeting of the 2nd defendant on 29th December 2020 are hereby declared null and void.”
While ordering the payment of all entitlements of Chukuba due to him prior to the suspension, the court also ordered perpetual injunction restraining the state government and the councillors from interfering with the council boss in performing his constitutional functions.
