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  • Industrial Court Industrial Court nullifies removal of Benue State Independent Electoral Commission chairman, members

    Industrial Court nullifies removal of Benue State Independent Electoral Commission chairman, members



    Makurdi---The Presiding Judge, National Industrial Court of Nigeria, Makurdi Judicial division, His Lordship, Hon. Justice Salisu Danjidda has nullified the removal of the HON. JOHN T. TSUWA Chairman and 5 other members of Benue State Independent Electoral Commission, ordered payment of their salaries from December 2018 to March 2021 within 30 days.


    The Court held that the Governor of Benue State acted ultra-vires of his powers.

     

    Hon. John Tsuwa and 5 others contended that they were unconstitutionally removed from office that their appointments were for 5 years that the letters of removal dated 24th October 2018 issued by a Permanent Secretary (General Service) in the office of the 1st defendant is unlawful, illegal, and unconstitutional and of no effect whatsoever.


    They further argued that their removals ought to be according to the dictates of Statute or by operation of the Constitution that Section 6(3) (b) of the Benue State Independent Electoral Commission Law is at variance with Section 201(1) (c) of the constitution. 


    In opposition, the Defendants argued that they did not breach any law as the removal was done in the Public interest thus constitutional. 


    Delivering the judgments, the presiding Judge, Justice Salisu Danjidda held that Claimants were removed from office for reasons other than those stipulated in Section 201 of the Constitution that the Governor of Benue State acted ultra-vires of his powers.


    In all, the court nullified and set aside the purported letter of removal, ordered Defendants to pay claimants their salaries from December 2018 to March 2021 within 30 days.



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