On Wednesday, the Edo State House of Assembly kicked against the decision of the Federal High Court in Abuja, which restored back to office the former deputy governor of the state, Comrade Philip Shaibu.
Consequently, the assembly said it has immediately appealed the judgement of Justice James Omotosho of the Federal High Court.
This is even as the state State Assembly also reportedly filed a stay of execution on the pending judgement of the appeal.
Recall that the State House of Assembly impeached Philip Shaibu on Monday, April 8, 2024, 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 that set up the EDHA was headed by Justice S.A. Omonua (retd.) and probed Shaibu on allegations of perjury and leakage 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 plenary, while one abstained from the headcount and voting process.
The State Governor, Mr Godwin Obaseki, had, upon the impeachment of Shaibu, picked Omobayo Marvellous Godwins as his deputy to complete his second tenure in office, which elapsed on November 11, 2024.
Dissatisfied with the impeachment processes and others, the former deputy governor, Shaibu, dragged the Edo State House of Assembly and others before Justice J.K. Omotosho of the Federal High Court, Abuja division, challenging his impeachment from office.
In delivering his judgement in the suit, 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). therefore ordered the 1st Defendant, the Inspector General of Police, to immediately restore the security of the plaintiff as Deputy Governor of Edo State.
