Court Reinstates Phillip Shuaibu, Edo Government, House of Assembly Appeal Judgement

Court Reinstates Phillip Shuaibu, Edo Government, House of Assembly Appeal Judgement

Hours after the Federal High Court, Abuja Division nullified the removal of Mr. Philip Shaibu as deputy governor of Edo State, the Edo state government and the State House of Assembly on Wednesday filed a stay of execution of the judgment and a notice of appeal of the decision. In a judgment delivered by Justice

Hours after the Federal High Court, Abuja Division nullified the removal of Mr. Philip Shaibu as deputy governor of Edo State, the Edo state government and the State House of Assembly on Wednesday filed a stay of execution of the judgment and a notice of appeal of the decision.

In a judgment delivered by Justice James Omotosho, the presiding judge, held that Mr. Shaibu’s impeachment violated the provisions of the law.

Specifically, the court declared that Mr. Shaibu’s impeachment on 8 April 2024, by the Edo State House of Assembly was politically motivated. Consequently, the judge ordered his reinstatement. The court also ordered the Inspector-General of Police to restore the plaintiff’s security immediately.

Justice Omotosho further ordered that Shaibu’s salaries and allowances — from April when he was impeached be paid to him.

But minutes after the judgment, the Edo state governor reacted to the decision: “Following the Federal High Court, Abuja judgment that faulted the impeachment of the erstwhile Deputy Governor, Philip Shaibu, the Edo State government has filed a stay of execution of the judgment.

“Pending the hearing of the appeal of the judgment, the incumbent Deputy Governor, His Excellency, Godwins Marvellous Omobayo, remains and continues to serve as the valid Deputy Governor of Edo State. He will continue to serve in this capacity, and will be recognised as such.” Governor Godwin Obaseki.

The Edo State House of Assembly disclosed that it filed an appeal against the judgment of Justice Omotosho which overturned the impeachment of the state’s former deputy governor, Mr. Philip Shaibu.

“In response to Justice Omotosho’s ruling earlier today, the State Assembly has also submitted a stay of execution on the judgment pending the outcome of their appeal”, a statement from the State House of Assembly said.

The embattled Deputy Governor in a statement on Wednesday said: “I want to thank Justice James Omotosho for his courage, he has restored the confidence that truly, the judiciary is the last hope of a common man and as a common person, justice has been done.

“Many Nigerians told me that they were praying for me. I want to tell them that God has answered our prayers. I dedicate this to God. I trust God that this judgment has reaffirmed the foundation of democracy in Nigeria”, an elated Mr. Philip Shaibu said.

Justice Omotosho, in his verdict, nullified Shaibu’s impeachment as the deputy governor, citing the Assembly’s failure to adhere to due process during the impeachment proceedings. He further invalidated the appointment of the new deputy governor who replaced Shaibu.

Mr. Shaibu’s rift with Governor Godwin Obaseki stemmed from his aspiration to succeed his boss.

Despite Mr. Obaseki’s endorsement of Mr. Asue Ighodalo as his preferred candidate, Mr. Shaibu and nine others contested against Ighodalo, who eventually secured the nomination.

Following the nomination process, the Edo State House of Assembly impeached Shaibu on Monday, April 8, 2024, following the adoption of a report by a seven-man investigative panel chaired by retired Justice S.A. Omonua.

The panel had investigated allegations of misconduct including perjury and the alleged leaking of government secrets against the former deputy governor.

Mr. Shaibu declined to appear before the panel during its proceedings while his
impeachment was supported by 18 out of 19 members present during the Assembly’s plenary session, with one member abstaining from the vote.

The Governor subsequently appointed Mr. Marvellous Omobayo as his new deputy following Shaibu’s impeachment, to serve out the remainder of his second term in office, which concludes on November 11, 2024.

The impeachment was undertaken after the House adopted the report of a seven-member investigative panel.

The panel was set up by the Chief Judge of Edo state, Justice Daniel Okungbowa, and was headed by Justice S. A. Omonuwa, a retired justice.

Reacting to the judgment, Chief Dan Orbih, suspended Deputy National Chairman, South-South of the Peoples Democratic Party (PDP) said he was greatly pained to watch the unfortunate drama of Shuaibu’s impeachment which was generally reported to have been stoked by some elements in the Government of the state.

“It is an irony that the passion and priority that was given to the impeachment is especially lacking in the execution of the government policies and programmes for which I mounted the rostrum to promise the good people of Edo State that you and your principal will accomplish.

He counseled Mr. Shaibu to use his office to bring zeal to governance programmes and policies, to wit, so that we would not be left in shame as a party that failed in our promises to the good people of Edo State.

“You should please do this within the ambit of the constitution as the elected and judicially reaffirmed Deputy Governor of Edo State”, he stressed.

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