Adamawa State High Court of Justice No 7 on Friday, declared the purported impeachment of the Chairman Mubi South Local Government Council, Hon. Hamidu Jingi Dirbishi, as illegal, null and void.
Hon. Justice Ahmed Isa, also declared that the removal of the Vice Chairman, Hon. Ishaku Dauda, as illegal ab initio, null and void and of no consequence whatsoever.
He however declared that the replacement of Mohammed Auwal Haruna, as Chairman following the purported removal of Hon. Hamidu Dirbishi is illegal, null and void and restrained him from parading or holding himself out as Chairman of the LGC.
Justice Isa who made the declaration while delivering judgement in suit filed Mohammed Haruna, stated that Hon. Hamidu Dirbishi and his Vice were never removed from office.
He further declared that all actions purportedly taken or executed by the said Mohammed Haruna in his capacity or office as Chairman of Mubi South LGC or by any person parading to be the Vice Chairman are null and void and of no effect whatsoever.
He further restrained him and the Mubi South LGC from interfering with the functions and duties of Hon. Hamidu Dirbishi and Ishaku Dauda as Chairman and Vice Chairman of Mubi South LGC.
He awarded the sum of N200,000 as damages against Hon. Mohammed and the council in favour of Hon. Hamidu Dirbishi and Ishaku for unlawful interference with their duties and functions as Chairman and Vice Chairman respectively.
According to him, the process leading to the purported impeachment was hurriedly carried out, saying that the councillors acted with impunity and arrogance.
He stated that the steps provided by law for the impeachment of the council Chairman and Vice were flagrantly breached by the councillors, declaring that the Chairman was never impeached from office.
Earlier, ruling on the preliminary objection filed by Hon. Hamidu Dirbishi, through his Counsel A. A. Adam, the judge sustained it and struck out the suit.
He struck out the suit for failure to make Adamawa House of Assembly a party and failure to show any cause of action.
He held that the matter cannot be effectively determined without the House of Assembly being a party, and resolved 2 issues formulated in favour of defendants against the plaintiff.
In his reaction, Counsel to the Defendants/Counter Claimants, A. A. Adam commended the judge for his wisdom and the time taken to arrive at a wonderful and erudite judgement.
Also reacting, Counsel to the Plaintiff/Respondent, G. Akphanamasi, appreciated the court for the a well considered judgement.
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