Symbol of Justice
Adibe Emenyonu â€¨in Benin Cityâ€¨
The Court of Appeal in Benin City, Edo State yesterday ordered the state Chief Judge to re-assign the case of unlawful dissolution of the state House of Assembly Service Commission to another judge for trial.
The former chairman and members of the commission had approached the court for a reinstatement following their sack before the expiration of their tenure of office by the then Speaker of the state House of Assembly; Mr. Bright Omokhodion, through a resolution of the Assembly.
At first, when the aggrieved party approached the lower court, it struck out the case on the grounds that it was wrongly commenced through an originating summons.
The sacked commission had wanted the court to determine whether by resolution of the House, the lawmakers can dissolve a statutory board and to also determine whether the house could exercise executive powers to remove them.
In his ruling therefore, the presiding Judge, Justice George Shoremi held that the High Court was wrong in law to have struck out the case, saying, “it was an error for it to have arrived at such a conclusion”.
Justice Shoremi further directed that the case be re-assigned to another judge.