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Edo State House of Assembly has filed a stay of execution application at the Appeal Court of Justice following the Judgement of Federal High Court Sitting in Abuja that ruled and declared the impeachment of Philip Shaibu as Edo State Deputy Governor by the lawmakers as illegal, politically motivated and ordered the Inspector General of Police to immediately mobilize his men to reinstate the impeached deputy governor.
According to Channels Television, the Edo State House of Assembly, EDHA appealed the judgement delivered 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 and also filed a stay of execution on the judgement pending the appeal.
It would 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 was headed by retired Justice S A Omonua 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 the 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.
We had reported that the Federal High Court sitting in Abuja has ordered the Inspector General of Police to mobilize his men to reinstate Philip Shaibu to continue his constitutional duties as Edo State Deputy Governor, ruling that his impeachment by the state House of Assembly is illegal and politically motivated.
Justice James Omotosho of the Federal High Court in Abuja passed the judgement on Wednesday.
Justice Omotosho, while delivering judgment in the lawsuit brought before the court, ordered that Shaibu be reinstated to office because the Edo State House of Assembly failed to comply with due process in carrying out impeachment on him.
Justice Omotosho also set aside the appointment of the new Deputy Governor who was appointed by the Edo State Governor, Godwin Obaseki to replace Shaibu.
The court held that the allegation on which the House of Assembly based the impeachment proceedings was untenable in law and did not constitute gross misconduct.
He ordered the Inspector General of Police to provide him with needed security to enable him to resume office and perform the functions of the office until the end of his tenure.
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.
Reports from news reporters that covered the court proceeding indicated that the Court held 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 versus 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.
The judgment has thrown supporters of Philip Shaibu into mood of celebrations with some of the supporters seen in Edo North and parts of Benin city dancing on the streets.
Some of the supporters of Shaibu were also seen within the court premises, Abuja celebrating the court verdict.
Earlier in April, 2024, we had reported that the Edo State House of Assembly has impeached the state Deputy Governor, Philip Shaibu over a court affidavit filed before a Federal High Court siting in Abuja.
The Edo State House of Assembly had stated before the panel of investigation set up by the state Chief Judge that the affidavit filed by Philip Shaibu contained information about the Edo State Executive Council meeting which 22 out of the 24 lawmakers in the Edo State House of Assembly considered such as leaking official secrets.
Philip Shaibu had approached Federal High Court in Abuja in 2023 praying the court to stop the conspiracy or plot by the State Governor, Godwin Obaseki and members of the state assembly to impeach him from office over his political ambition to contest as governor in the forthcoming governorship election in the state.
Philip Shaibu in a video press release after his impeachment, described his impeachment by the lawmakers as illegal. Adding that, the action of the lawmakers is a threat to democratic practice in the state.
The lawmakers carried out the impeachment despite an order of court siting in Abuja asking the assembly to stop action.
It was gathered that the Assembly began sitting at 9:41am and voted for the impeachment of the deputy governor by a vote of 18 against one who voted against, among the 20 members present with the speaker expected to give the deciding vote in case of a tie.
Shaibu, according to retired Justice Stephen Omonua led seven-man panel set up by the Chief Judge (CJ) of the state, Justice Daniel Okungbowa, to investigate the allegation of gross misconduct levelled against the deputy governor, submitted that the deputy governor was guilty of disclosure of official secret.
In recent time, there was drama in the state ruling political party, Peoples Democratic Party, PDP primary election to pick the flag bearer for the forthcoming governorship election.
The impeached Deputy Governor, Philip Shaibu was elected as the PDP governorship candidate during a parallel primary election conducted at a location in Benin City.
Asue Ighodalo, reportedly the preferred choice of Governor Godwin Obaseki was also announced winner of another PDP primary exercise which took place at the Samuel Ogbemudia Stadium in Benin City, the Edo State Capital.
Federal High Court sitting in Abuja had recently declared the election of Asue Ighodalo as PDP candidate as illegal, null and void.
That aside, the panel of investigation, however, exonerated the impeached deputy governor on the allegation of perjury as it was not “made up”, that is proven.
It would be recalled that on April 4, Philip Shaibu objected to the seven-member investigative panel proceeding with his planned impeachment, urging them to adhere to an interlocutory injunction issued by a Federal High Court in Abuja.
On April 5, the deputy governor failed to appear before the seven-man panel that probed allegations of perjury and leaking of the government’s secrets against him.
Following the impeachment of Philip Shaibu, Governor Obaseki swiftly moved to fill the vacancy by appointing Omobayo Marvellous Godwin. A 37-year-old Electrical Electronics Engineer with experience in the oil and gas sector.
The newly appointed Deputy Governor of Edo State, Marvellous Omobayo, was sworn in same day Philip Shaibu was impeached by the State Chief Judge, Daniel Okungbowa.
In his inaugural speech, Omobayo thanked his principal, Governor Godwin Obaseki, and the leadership of the Peoples Democratic Party, for finding him worthy of the appointment.
He said: “The oath of office l have just taken is my legal acceptance speech. It defines the legal limits that l can or cannot exceed while in office. Beyond this legal ceremony, it is imperative that l publicly express my profound gratitude to our respected Executive Governor, His Excellency, Governor Godwin Obaseki, and the leadership of our great party, the Peoples Democratic Party.
“After all the very painful and thought-provoking distractions of the past few months, our governor is determined to finish his second term very strong. From his dialogue with me, it is clear that he is very determined to bequeath a legacy of peace, unity, progress and visible development to Edo State. A legacy that the next PDP regime will find exciting to proudly build upon and maintain the leadership position Edo has achieved over time in the comity of states in Nigeria.”
Born July 19, 1986, Omobayo hails from Akoko Edo Local Government Area of the State.
Meanwhile, The Edo State House of Assembly, had explained how the state’s Deputy Governor, Philip Shaibu, allegedly leaked the government’s secrets and committed perjury, which, it said, were impeachable offences.
The Assembly, represented by its Deputy Clerk, Joe Ohaifa, stated its case at the inaugurating sitting of the seven-man panel probing Shaibu.
The panel, headed by retired Justice S.A. Omonuwa, was raised by the Edo State Chief Judge, Justice Daniel Okungbowa, at the instance of the state Assembly, which on March 5 commenced impeachment proceedings against the deputy government.
The Assembly, according to Punch Newspaper, said the impeachment proceedings were based on a petition accusing Shaibu of perjury and leaking the government’s secrets.
The impeachment is believed to be the latest development in the rift between Shaibu and his principal, Governor Godwin Obaseki.
“There had been an uneasy calm between the deputy governor and his principal since last year when Shaibu declared his interest to join this year’s Edo governorship race.
Presenting the Assembly case, the Deputy Clerk said Shaibu leaked the state’s secrets in the affidavit he filed in support of an Abuja lawsuit.
He said Shaibu rendered documents relating to the State Executive Council’s meeting.
According to Ohaifa, Shaibu violated the Oath of Secrecy he took and acted contrary to the provisions of Schedule 7 of the 1999 Constitution.
The panel, after hearing the Assembly’s case, adjourned for Shaibu to enter his defence.
Earlier at the proceedings, Shaibu’s lawyer, Professor Oladoyin Awoyale (SAN), had excused himself from the hearing after the panel declined his application to suspend the proceedings.
Awoyale, in his submission, urged the panel to halt the impeachment proceedings pending the outcome of a suit filed by Shaibu before the Federal High Court in Abuja.
Awoyale told the panel that the Abuja court had fixed April 8 for parties in the suit to appear to show cause why it should not grant Shaibu’s prayer for an interlocutory injunction to halt the impeachment proceedings.
But opposing the prayer, the Deputy Clerk said by virtue of Section 188 (10) of the 1999 Constitution, no court had the right to prevent the House of Assembly, or the seven-man panel from performing their constitutional duties.
Ohiafi said Shaibu’s lawyer must convince the panel that the provision of the constitution had been altered for the panel to sustain his argument.
In his ruling, the panel chairman, Justice Omonuwa, agreed with Ohiafi.
The retired judge noted that the invitation for the parties to show cause was not an order to halt the impeachment proceedings.
Justice Omonuwa said the panel would continue with the proceedings and asked the House of Assembly to state its case.
Responding to the ruling, Awoyale told the panel that his client would not be able to continue to participate in the investigation and sought the panel’s permission to be excused.
When asked whether he was waiving his right to defend his client, the SAN answered in the negative, stressing that parties must obey the court decision and that they should appear before it to show cause.
Probed further if he was “arresting the ruling of the panel”, Awoyale answered again in the negative and reiterated the need to obey the court which would be sitting on Monday, April 8, 2024.
The Federal High Court in Abuja on Monday resumed sitting in the lawsuit filed by the impeached Edo State Deputy Governor, Philip Shaibu, challenging the move by the state House of Assembly to impeach him.
The SAN, subsequently, took his leave”.
Justice I E Ekwo had on March 28 adjourned till April 8 for the defendants in the suit to appear before him to show cause why Shaibu’s prayer to halt the impeachment proceedings should not be granted.
Since last year, the impeached Deputy Governor had been in the news from one case of intimidation to harassment allegedly by the state governor.
The Deputy Governor of Edo State, Philip Shaibu, in one of the television interviews granted last year, said that his ambition is personal and he is 100 percent loyal to Obaseki.
He made this known during a live interview with Arise news.
Shaibu said in quote, “Ambition is personal, loyalty is given. I am 100 percent loyal to my governor, and that is why he has, I have been intimidated and harassed.
“As I speak to you, I am relocated from government house. I didn’t go to court to check the legality of that action. That is loyalty.
“My office for the fourth or fifth month, no allocation has been given to my office. And this evening, my aides told me that the governor has also instructed that the fuel they used to give to my vehicle should no longer be given to the vehicle, so why all this? I cannot be intimidated.”
During the political battle last year, local media reported that the Edo State Governor, Godwin Obaseki, sacked the former Permanent Secretary of the State Sports Commission, Mrs Sabina Chikere.
“Recall that Obaseki had in August redeployed Chikere from the Sports Commission to Central Administration, Government House, Benin City, amid feud with his deputy, Philip Shaibu.
Mrs Chikere, until her last redeployment, was also the General Coordinator of Bendel Insurance Football Club of Benin.
She is a sister-in-law to the deputy governor, Shaibu, who is at the moment enmeshed in a battle of wits with his principal, Obaseki, on the 2024 governorship succession plans.
The former Insurance General Coordinator, Chikere, is the elder sister to the Wife of the Edo State Deputy Governor, Mrs Maryann Shaibu.
A government house source who confirmed the development, said it was not unconnected with the rift between Obaseki and his deputy.
The source said Madam Sabina Chikere has been fired by Mr Governor.
The development is coming barely 72 hours after the Edo Deputy Governor, Shaibu initially withdrew his impeachment lawsuit against his principal, Governor Obaseki.
Shaibu had approached a Federal High Court in Abuja, seeking amongst others, an order restraining Obaseki, the Speaker of the State House of Assembly, Chief Judge of Edo State and others from commencing impeachment process against him.
However, on September 5, 2023, the Edo Deputy Governor, Shaibu withdrew the lawsuit he filed at the Federal High Court, Abuja, aimed at thwarting the effort by his principal, Governor Obaseki to unseat him (Shaibu) from office.
In a statement, Shaibu said his decision was based on the need to respect the intervention of several prominent individuals, including religious and traditional leaders, while also appreciating the governor for agreeing to the peace initiatives”.
Punch Newspaper also reported that there was a mild drama last year August when a security aide to Edo State Governor, Godwin Obaseki, stopped his deputy, Philip Shaibu, from accessing his principal.
According to Punch Newspaper: “this happened at the 32nd anniversary of Edo State, held at the New Festival Hall, Government House, Benin City, Edo State.
In the photos obtained, a security operative was seen blocking Shaibu’s access to Obaseki during the event.
But speaking after the event, Shaibu had pledged his loyalty to his principal, despite their rift.
This is coming after weeks of dispute between the governor and his deputy. The deputy had gone to a Federal High Court in Abuja and obtained an injunction to stop the governor and state assembly from plots to impeach him”,.
