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Confusion in Kogi as court declares impeachment of ex-dep. gov Achuba illegal

There is currently confusion in Kogi State as a State High Court, sitting in Lokoja, the state capital, has declared the impeachment of former deputy governor in the state, Simon Achuba, by the State House of Assembly null and void.

Justice John Olorunfemi, while delivering the judgment, on Wednesday, said Achuba’s removal from office by the Assembly was a violation of the Constitution and that the subsequent nomination of Edward Onoja, as the deputy governor, did not follow due process.

Justice Olorunfemi described the action of the Kogi State House of Assembly as ‘a constitutional coup’, hatched and executed in a democracy.

He maintained that the action was contrary to Section 188 subsection 8 of the COnstitution, a section that stopped the Assembly from further action having discovered that the former deputy governor was not found wanting by the panel.

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The Judge said the onus to produce the remaining volumes of the report purported to have indicted the former deputy governor rest with the Defendants which they failed to do.

He pointed out that the 29th defendants also did not file a counter-notice, describing the process of removing the former deputy governor as not following due process.

The embattled Achuba had earlier challenged his impeachment by the Kogi State House of Assembly and sought for relief of the court to declare his impeachment as illegal and to be reinstated as the rightful deputy governor of the state.

In their submission, Counsel to the impeached deputy governor, Jibrin Okutachi (SAN), in a 13-page counter-affidavit, submitted that the court should discountenance the application by the Clerk, describing it as a breach of court order 11, rule 2, subsection 4, and section 115 subsection 4 of the evidence act.

Recall that Achuba was impeached in October 2019 by members of the Kogi State House of Assembly.

His impeachment followed the submission of a report of the committee set up by the State Chief Judge, Justice Nasir Ajana, to investigate an allegation of gross misconduct against the former deputy governor.

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