… Edo State House of Assembly heads to Appeal Court
Edo State Governor Godwin Obaseki has rejected the decision of the Federal High Court that reinstated his former impeached deputy governor Mr.Philip Shuaibu to office.
Obaseki and Edo State House of Assembly said yesterday they are immediately approaching the Court of Appeal to overturn the decision of the trial Federal High Court saying it was in error.
Counsel to the State Assembly hurriedly filed a stay of execution on the judgment pending the determination of appeal.
The Federal High Court sitting in Abuja on Wednesday reinstated the impeached Deputy Governor of Edo State, Mr. Philip Shuaibu to office.
Recall that Edo State House of Assembly, had on Monday, April 8, 2024, impeached the Deputy Governor after the house adopted a report of seven-man investigative panel set up by the State Chief Judge that probed allegations of misconduct levelled against Shuaibu.
Delivering judgement in a suit filed by the embattled Shuaibu whose ambition to contest the Edo State governorship election was truncated, Justice James Omotosho, held that the impeachment was unconstitutional.
He said that the Deputy Governor’s
impeachment processes was in gross violation of the provisions of both section 188 and 35 of the 1999 Constitution, as amended.
Consequently, he declared Shuaibu purported impeachment by the Edo State House of Assembly, as illegal, unconstitutional, null and void.
Aside from restoring him back to office as the Deputy Governor, the court held that all his salaries, allowances and benefits should be paid to him from April 8 when he was illegally impeached, till the expiration of his tenure.
The court further issued an order of perpetual injunction restraining Governor Godwin Obaseki and the Edo State House of Assembly from stopping him from performing the functions of his office.
It also ordered the Inspector General of Police to immediately restore all his security details that were withdrawn from him following the impeachment.
The court maintained that the reason the Edo Assembly gave for impeaching the plaintiff, was lame and smacked of an orchestrated political vendetta.
An investigative panel set up by the Edo State House of Assembly headed by Justice S.A. Omonua (rtd.) had probed Shuaibu on allegations of perjury and leaking of government secrets, ending its sittings with the former deputy governor refusing to appear before it.
The Assembly at a plenary session secured 18 votes in favour of the impeachment and one absent out of the 19 members present at plenary.
Following Shuaibu impeachment, Edo State Governor, Mr. Godwin Obaseki, picked Marvellous Omobayo as his deputy governor to complete his second tenure in office, which ends on November 22, 2024.