……As Edo Assembly Appeals Judgement Upturning Shuaibu’s impeachement.
Felicia Asuquo, Abuja
A Federal High Court sitting in the Federal Capital Territory, Abuja, has reinstated Philip Shuaibu as the Deputy Governor of Edo State.
The former deputy governor had gone to court to challenge his removal, describing the action of the House of Assembly as a flagrant abuse of power and betrayal of trust that the people of Edo placed on their elected officials.
However, according to our correspondent, the court had restored Shaibu as the deputy governor of Godwin Obaseki and ordered the Inspector General of Police (IGP) to immediately restore his security details.
The Court presided over by Hon. Justice James Omotosho held that the removal of the Plaintiff, Shaibu from office as Deputy Governor of Edo State and the subsequent appointment of Omobayo Godwins as his replacement by the Governor of Edo State was illegal, unconstitutional, null and void.
The Court held that there was a breach of the provisions of the procedure laid out in Section 188(1) to (9) in the way and manner the impeachment process was conducted. The court noted that the ouster clause in Section 188(10) limiting the jurisdiction is not a stand alone provision.
The Court referred to the decision of the Nigerian Supreme Court in Inakoju v. Adeleke(2007).
Justice Omotosho held that the impeachment was politically motivated, because of Shaibu’s aspiration to contest the office of Governor of Edo State.
The Court, therefore, ordered the 1st Defendant, the Inspector General of Police to immediately restore the security of the Plaintiff, Shaibu as Deputy Governor of Edo State.
In another development,the Edo State House of Assembly (EDHA) has appealed the judgement by Justice J. K. Omotosho of the Federal High Court, Abuja, which set aside the impeachment of the state’s former deputy governor, Philip Shaibu.
The lawmakers have also filed a stay of execution on the judgement pending the appeal.
It will be recalled that the Edo State House of Assembly, had on Monday, April 8, 2024, impeached Shaibu following the adoption of the report of the seven-man investigative panel set up by the state chief judge to probe allegations of misconduct against the former deputy governor.
The investigative panel set up the EDHA was headed by Justice S.A. Omonua (retd.) and probed Shaibu on allegations of perjury and leaking of government secrets, ending its sittings with the former deputy governor refusing to appear before it.
Shaibu was impeached by the vote of eighteen out of 19 members of the Assembly present at plenary, while one abstained from the headcount and voting process.
In the wake of Shaibu’s impeachment, Governor Godwin Obaseki picked Omobayo Marvellous Godwins as his deputy to complete his second tenure in office which will end on November 11, 2024.
