17th July, 2024
By Jethro Ibileke
Justice James Omotosho of the Federal High Court, Abuja, has set aside the impeachment of the former deputy governor of Edo state, Philip Shaibu.
Justice Omotoso 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, noting 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) and ordered the 1st Defendant, the Inspector General of Police to immediately restore the security of the Plaintiff as Deputy Governor of Edo State.
The Assembly had on Monday, 8 April 2024, impeached Philip Shaibu following the adoption of the report of a seven-man investigative panel set up by the State Chief Judge to probe allegations of misconduct against the former deputy governor.
The investigative panel headed by Justice S.A. Omonua (retd.), probed Shaibu on allegations of perjury and leaking of government secrets.
The former deputy governor who refused to appear before the panel, was later impeached by the vote of 18 out of 19 members of the Assembly present at plenary, while one abstained from the headcount and voting process.
The State Governor, Mr Godwin Obaseki, later picked Marvellous Godwins Omobayo as his deputy to complete his second tenure in office, which lapses on 11 November 2024.
Meanwhile, the State House of Assembly has filed a stay of execution on the judgment pending appeal.
Justice James Omotosho of the Federal High Court, Abuja, had set aside the impeachment of the former deputy governor of Edo state, Philip Shaibu.
