Politics
Impeachment: Edo Deputy Gov, Philip Shaibu Says Panel Sitting Against Court Order
The Deputy Governor of Edo, Philip Shaibu, has reacted to an ongoing sitting by a seven-member investigative panel on his planned impeachment.
Reports had it earlier that a seven-member panel, established by the Chief Judge of Edo State, Justice Daniel Okungbowa, commenced proceedings on Wednesday to investigate misconduct allegations against the Edo State Deputy Governor.
The panel, led by retired Justice S. A. Omonuwa, was constituted following the state House of Assembly’s decision to initiate an impeachment process against Shaibu.
Reacting, however, through his lawyer, Shaibu urged the panel to adhere to an interlocutory injunction issued by a Federal High Court in Abuja during the panel’s first session in Benin on Wednesday.
Shaibu, represented by his legal counsel, Prof. Oladoyin Awoyale, SAN, expressed concern that proceeding with the investigation would render the outcome predetermined. Awoyale emphasized the importance of respecting the existing court order and advised all parties to comply with the ruling.
On the other hand, Joe Oaifi, legal counsel to the House of Assembly and Deputy Clerk of the Legal Department, contended that the panel’s activities were in line with Section 188 (10) of the constitution, which prohibits any court from obstructing the House of Assembly and the panel in carrying out their constitutional duties.
Justice Daniel Okungbowa, the State Chief Judge, has established a panel led by retired Justice S. A. Omonuwa. This panel has been given the responsibility to investigate the allegations of misconduct made against the deputy governor by the Edo State House of Assembly.
According to reports, a federal high court in Abuja rejected an application by Shaibu, which sought to maintain the status quo pending the hearing and determination of the substantive suit against Governor Godwin Obaseki, the House of Assembly, and others involved in the case.
Justice James Omotosho made this decision after refusing to grant the oral application presented by Shaibu’s lawyer, Awoyale.
In a motion ex-parte marked as FHC/ABJ/CS/321/2024, the embattled deputy governor had filed a lawsuit against the Edo State Government, the governor, the house of assembly, and the speaker, who are named as the 1st to 4th defendants.
The clerk of the assembly, chief judge, Inspector-General (I-G) of Police, and director-general of state security service are also parties to the lawsuit, listed as the 5th to 8th defendants, respectively.
In the motion submitted and filed on March 8, Shaibu requested an interim injunction to prevent the 3rd to 5th defendants from interfering with the subject matter of the originating summons.
Additionally, he asked for an interim injunction to stop the defendants, either jointly or severally, from taking any adverse actions related to any efforts aimed at his removal from the position of deputy governor of Edo until the motion on notice is heard.
Shaibu urged the court to issue an order preventing the 1st to 8th defendants from obstructing him in carrying out his official duties, including attending State Executive Council meetings/functions and fulfilling his responsibilities.
Following reports, Justice Omotosho declined to grant the ex-parte motion on March 13, as requested by Awoyale. Instead, the judge instructed the lawyer to serve all defendants with the necessary documents and hearing notices, setting the next hearing for March 18.
During the court session on Tuesday, Awoyale mentioned that he encountered difficulties in serving some of the defendants. Consequently, the judge adjourned the hearing until today to consider another motion that was submitted.
When the court reconvened on Wednesday, Awoyale presented an application dated March 8. This motion requested permission to serve the originating summons and other documents to the 1st and 2nd defendants through alternative methods, such as posting the papers at the entrance of Edo State Government House or using a courier service.
Furthermore, Awoyale sought approval to serve the third and fourth defendants by alternative means, either by posting the documents at the gate of the Edo State House of Assembly or through a courier service.
Awoyale urged the court to approve their requests, highlighting that the 6th, 7th, and 8th defendants had already been served.
Subsequently, Awoyale requested the court to maintain the status quo until the case is heard and resolved. Despite citing relevant precedents to support his argument, Justice Omotosho declined Awoyale’s plea to maintain the status quo.
“Counsel, you know that it is not possible,” he said.
The judge determined that the lawyer’s reference to the previous case did not hold relevance in the current lawsuit.
He pointed out that in the case cited regarding the military administrator of Lagos State, all the parties involved had been served, whereas in the ongoing case, certain parties were still awaiting service.
“Today, we are just seeking leave to serve the parties by substituted means. So can this court grant this, the answer is no,” the judge said.
Justice Omotosho, nevertheless, recommended that the attorney seek a fiat from the chief judge of the FHC in order for their case to be heard during the court’s vacation starting on Friday.
The judge, who approved the request for substituted service made by the lawyer, postponed the hearing of the case until April 15.
