A Port Harcourt High Court, Rivers State, has nullified the suspension of the Ogba/Egbema/Ndoni Local Council Chairman, Ochije Chris Okey, by the state House of Assembly.
Okey, who was also impeached by some councillors while his case was still pending in court, was recently suspended by the lawmakers for alleged gross misconduct and abuse of public funds.
However, Ochije challenged his suspension in a Port Harcourt High Court before Judge B.A. Georgewill.
Delivering judgment on the matter, Georgewill said the chairman's suspension was "wrongful, illegal, null and void and of no effect whatsoever" and a violation of Section 13 of the Local Government Law (No 3) of Rivers 1999 and the 1999 Constitution.
He declared that the House of Assembly "has no power to appoint, inaugurate or constitute a panel to investigate allegation of misconduct" against Ochije, which power "is lawfully and exclusively exercisable" by the Chief Judge of the state under Section 13 (6) of the Local Government Law.
Speaker of the House, Tonye Harry, had on November 10, 2009, directed the chief judge to set up a panel to probe the allegations levelled against the chairman.
Georgewill also declared that the power of the state legislature to suspend the chairman "is only exercisable during the life of a valid investigation panel set up by the chief judge of the state.
The judge insisted that the state lawmakers acted ultra by suspending Ochije from office as chairman of the council without complying with Section 13 of the Local Government Law of the state.
He ordered: "It is also further declared and ordered that the applicant (chairman) is and still remains the elected chairman of Ogba/Egbema/Ndoni Local Council of Rivers State and should with immediate effect resume his position and is reinstated forthwith as chairman of Ogba/Egbema/Ndoni Council Government Area of Rivers State".
The court ruled that the council chairman "is entitled to and shall be paid forthwith all entitlements due him for the period commencing from June 3, 2009, when he was unlawfully and unconstitutionally suspended by the state legislature".