Appeal Court upholds reinstatement of Shaibu as Edo Deputy Governor

By Kazeem Ugbodaga

The Appeal Court in Abuja on Tuesday upheld the reinstatement of Philip Shaibu as the Deputy Governor of Edo State.

The court upheld the judgement of the Federal High Court, Abuja, which nullified the impeachment of Shaibu as the Deputy Governor of Edo State and ordered his immediate reinstatement.

The three-member panel of justices unanimously said Shaibu remained Edo State Deputy Governor.

The Appeal Court dismissed the appeal filed by the Edo State House of Assembly against the judgement of the Federal High Court, Abuja, thereby affirming that Shaibu remained the Deputy Governor of Edo State.

According to Tribune, the Appeal Court warned that any person aside from Shaibu who attempted to parade themselves as the Deputy Governor of Edo State would face legal consequences.

On 17 July, 2024, Justice James Omotosho of the Federal High Court, Abuja, set aside the impeachment of 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.

Lawmakers in the Edo House of Assembly had on 8 April, 2024 impeached Shaibu as Deputy Governor.

The impeachment was sequel to Justice S.A. Omonua (rtd)-led seven-man panel investigating the impeachment petition against the deputy governor.

The panel in its reports said the allegation of perjury was not proved beyond reasonable doubt by the complainant against Shaibu.

It however said that the allegation of disclosure of government official documents was proved beyond reasonable against Shaibu

Eighteen of the 20 members that were present at the plenary of the Edo House of Assembly voted in favour of the panel reports while one voted against.