The Appeal court sitting in Abuja today affirmed the judgment of Kogi State High Court in Lokoja which nullified the purpoted 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 to the appeal court.
Delivering judgment on 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 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 appallants, 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 determinatin.
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 the 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 judgement of Kogi state high court which earler set aside the purported impeachment of Elder Simon in 2020 remained vaild 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 omoluments due to him as the former Deputy Governor of Kogi State.
The counsel to Elder Achuba, Barr Reuben Egwuaba thanked the court for the the judgment.
