Court nullifies impeachment of Etsako West Chairman, Deputy, orders immediate reinstatement

An Edo State High Court sitting in Auchi has overturned the impeachment of Zibiri Marvellous, Chairman of Etsako West Local Government Area, and his deputy, Benji Ojietu, declaring the process illegal and unconstitutional.

Delivering judgment on Thursday, Justice O. M. Obayuwana ruled that the procedures leading to the removal of the two local government officials were fundamentally flawed and failed to comply with the Edo State Local Government Law 2000 (as amended in 2002).

The court pointed to multiple violations of Section 19 of the law, including the failure to establish a seven-member investigative panel, the lack of review by the Edo State House of Assembly, and improper service of the impeachment notice.

These lapses, the court held, rendered the entire impeachment exercise null and void.

“The respondents failed to meet essential legal conditions,” Justice Obayuwana stated. “Accordingly, the impeachment of the claimants is declared illegal, null, and of no effect.”

As part of the ruling, the court issued a perpetual injunction restraining the respondents from interfering in the official duties of Marvellous and Ojietu.

The court further ordered the Inspector General of Police to provide adequate security for their return to office.

In a show of disapproval of the unconstitutional removal, the court also awarded ₦1 million in damages to each of the two officials for the unlawful impeachment and disruption of their public service roles.

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The controversial impeachment followed a directive by Governor Senator Monday Okpebholo, who had earlier called for the suspension of all 18 local government chairmen in Edo State, accusing them of disobedience and poor performance.

In the wake of this directive, the Etsako West Legislative Council moved swiftly to impeach Marvellous and Ojietu, a move that has now been judicially reversed.

Reacting to the court’s decision, Zibiri Marvellous hailed the verdict as a major victory for the rule of law and grassroots democracy. He called on Governor Okpebholo to respect the judgment and allow due process to prevail.

“This is a victory for democracy and for every elected official who believes in constitutional governance,” Marvellous said. “I urge Governor Okpebholo to honour the ruling and allow my deputy and I to resume our responsibilities to the people of Etsako West.”

The judgment has sparked discussions across Edo State about the legal boundaries of executive influence over local government administration, with legal analysts describing the ruling as a stern reminder of the autonomy granted to local councils under Nigerian law.

Observers say the case may set a precedent for future disputes between state governments and local councils, particularly regarding the limits of gubernatorial power in local administration.