By Hillary Asemota
The Appeal court sitting in Abuja has affirmed the judgment of State High Court in Lokoja, kogi state that nullified the purported impeachment of the former Deputy Governor of Kogi State Elder Simon Achuba by the kogi state House of Assembly.
The State Assembly had appealed the judgment of the state high court in appeal court.
But delivering judgment Thursday at the appeal court in Abuja, Justice A. I Banjoko dismissed the appeal by the state assembly for lacking in merit.
She upheld the judgment of the lower court that said Achuba remained the Deputy Governor of the state till the end of the first tenure and as well should be given all his entitlement. This position on the entitlement, the high court earlier said, also applied to his aides.
Justice Banjoko in today’s court did not award cost to the appellants, but positioned that parties should bear their costs.
The counsel to kogi state house of assembly, M.Y Abdullahi (SAN) formulated four issues for determination in the assembly appeal against Elder Simon Achuba.
Also, the counsel to the Attorney General of the state, Samuel Adeniyi (SAN) also formulated four issues for determination.
Similarly, the counsel to Edward Onoja, Mohammed Wahab (SAN) formulated four issues of determination.
Contrarily, the counsel to the respondent, (Elder Simon Achba), Reuben Egwuaba formulated five issues for determinated in each of the three appeals.
In the well considered judgment by Justice Banjoko, predicated appeal on the interpretation of the meaning and intendment of section 188 subsection 10 of the 1999 constitution as amended and thereby resolved all the issues for and against in favour of the former Deputy Governor of kogi state Elder Simon Achuba.
The court further declared that the judgment of Kogi state high court which earlier set aside the purported impeachment of Elder Simon Achuba in 2020 remained valid and subsisting, and that Elder Achuba in the eye of the law remained the Deputy Governor of Kogi state from 2016 to 2020 and should be entitled to all his benefits and emoluments due to him as the former Deputy Governor of Kogi State.
The counsel to Elder Achuba, Barr Reuben Egwuaba thanked the court for the industry in the judgment.
