Court nullifies Shaibu’s impeachment as Edo deputy gov

A  Federal High Court in Abuja on Wednesday, nullified the impeachment of Phillip Shaibu as the Deputy Governor of Edo.

Justice James Omotosho, in a judgment, ordered his reinstatement to the office on the grounds that the Edo State House of Assembly failed to comply with due process in the purported impeachment.

Justice Omotosho held that the allegation on which the House of Assembly based the impeachment proceedings was untenable in law and did not constitute a gross misconduct.

The judge, therefore, ordered the Inspector-General (I-G) of Police to provide him with needed security to enable him resume office and perform the functions of the office  until the end of his tenure.

Justice Omotosho equally set aside the appointment of another deputy governor in the place of Shaibu.

The News Agency of Nigeria (NAN) reports that Shaibu, who was in court, shed tears of joy upon hearing the judge’s pronouncements.

NAN reports that on April 8, the state House of Assembly impeached Shaibu.

Shaibu’s impeachment followed the adoption of the report of a seven-man committee set up by the Chief Judge of Edo Justice Daniel Okungbowa to investigate allegations of misconduct against the deputy governor.

During plenary at the assembly complex in Benin, the Majority Leader of the House, Charity Aiguobarueghian said the report of the seven-man judicial panel of inquiry presented to the House had two findings and one recommendation.

Aiguobarueghian said that while the report of the panel was unable to establish the case of perjury levelled against the deputy governor, the panel found him guilty of disclosure of government secrets.

According to the report, the seven-member judicial panel of inquiry recommended that the deputy governor be impeached on grounds of disclosure of government secrets.

The Clerk of the House Yahaya Omogbai conducted a head count of the lawmakers who voted for and against the impeachment of Shaibu.

Eighteen out of 19 members present at plenary voted for the impeachment of the deputy governor while one abstained from the head count and voting process.

The clerk of the House stated that 2/3 (16 members of the House) was needed to carry out the impeachment.ember

.Assembly appeals his reinstatement, files for stay of execution

Meanwhile, The Edo State House of Assembly has appealed the judgement by Hon. 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 State Assembly has also filed a stay of execution on the judgement pending appeal.

 

The Edo State House of Assembly, had on Monday, April 8, 2024, impeached Philip 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.

 

Recall that the State Governor, Mr. Godwin Obaseki, had upon the impeachment of Shaibu picked Omobayo Marvellous Godwins as his deputy to complete his second tenure in office, which lapses on November 11, 2024.

.Nothing has changed –Commissioner

 

The Edo State Government has said the incumbent Deputy Governor of the State, Omobayo Marvellous Godwins remains and continues to serve as the valid deputy Governor of the State pending the hearing of the appeal of the judgement that faulted the impeachment of the erstwhile deputy governor, Philip Shaibu.

 

In a statement, the Edo State Commissioner for Communication and Orientation, Chris Nehikhare, said the State has filed a stay of execution on the judgement, urging the people of Edo State to remain calm and go about their lawful businesses.

 

The statement reads, “Following the Federal High Court, Abuja judgement that faulted the impeachment of the erstwhile deputy governor, Philip Shaibu, the Edo State Government has filed a stay of execution of the judgement.

 

“Pending the hearing of the appeal of the judgement, the incumbent Deputy Governor, His Excellency, Omobayo Marvellous Godwins remains and continues to serve as the valid Deputy Governor of Edo State.

 

“He will continue to serve in this capacity and would be recognized as such.”

 

Nehikhare charged, “The government hereby calls on the people of Edo State to remain calm and go about their lawful businesses.”

 

.Your comment an affront on judiciary, says Shaibu’s spokesman

 

However, Ebomhiana Musa Chief Press Secretary to Edo State Deputy Governor,  Rt Hon Comrade Philip Shaibu has noted that ‘’For us, it’s a victory for democracy and the rule of law. The judiciary remains the last hope of the common man. For mere mortals who think they can play God in the lives of others, this judgement serves as a lesson. He appoints kings and kings as it pleases Him.  Those who have ears, let them hear.

For the statement  hurriedly issued by the Hon Commissioner for Communication, Chris Nehikhare, we see it as an affront on the judiciary, a blatant attempt to ridicule the sound judgment delivered by the Honourable Justice Omotosho of the FCT Federal High Court. The statement smarks of arrogance of power on the part of the Edo State Government, by insisting that ” nothing has changed, Omobayo remains the Deputy Governor”.

Chris Nihikhare and his co-travellers should be reminded that power is transient, especially for them with less than four months to vacate office.