Justice James Omotosho of the Federal High Court in Abuja has reinstated Philip Shaibu as the Deputy Governor of Edo State, months after he was impeached by the state assembly.
In the Wednesday judgment, Justice Omotoso declared the impeachment by the Edo State House of Assembly as illegal, unconstitutional, null, and void.
Shaibu was impeached in April by the Edo State House of Assembly, ending months of tussle between him and Governor Godwin Obaseki over the former’s move to contest the Edo Governorship election.
The court held that the said impeachment was in gross violation of the provisions of both sections 188 and 35 of the 1999 Constitution, as amended.
The judge held that the impeachment was in gross violation of the Constitution.
Aside from restoring Shaibu, the court also ordered that his salaries and allowances should be paid to him from April when he was impeached as the deputy governor of the state.
The court issued an order of perpetual injunction restraining Governor Godwin Obaseki and the Edo State House of Assembly from stopping Shaibu from performing the functions of his office.
Justice Omotosho also ordered the Inspector General of Police (IGP) Kayode Egbetokun to restore his security details.
Edo Assembly Appeals Verdict
Meanwhile, the Edo State House of Assembly has appealed the judgement of the High Court and has filed a motion for a stay of execution pending appeal.
Wednesday’s verdict came about three months after the lawmakers impeached the embattled 54-year-old as the state’s deputy governor.
In a move that was seen as the culmination of the long-drawn battle between him and Governor Godwin Obaseki, the lawmakers after investigations said they found Shaibu guilty of disclosure of government secrets.
The seven-man panel set up by the Edo State Assembly therefore recommended his impeachment on that ground.
The assembly then upheld and approved the recommendation of the seven-man panel and subsequently impeached him as the state’s deputy governor.
Eighteen out of 19 members present at plenary voted for Shaibu’s impeachment. Only one abstained from the headcount and voting process, ending the process.
‘Attack On Democracy’
Immediately after his sack, Shaibu faulted the lawmakers and claimed his impeachment was a threat to the country’s democracy.
“This is not just an attack on me as an individual but on the democracy that we hold dear,” he said
“It is a dangerous descent into dictatorship and a threat to the foundation of our democracy. Let it be clear that this impeachment was hatched because of my ambition to contest the Edo State 2024 governorship election under the Peoples Democratic Party, PDP. An ambition that is a legal right to all citizens of the Federal Republic of Nigeria.”
Obaseki Makes Replacement
Hours after Shaibu’s impeachment, Obaseki picked 37-year-old Omobayo Godwins as his deputy to see out his tenure which ends in November. The Chief Judge of Edo State Justice Daniel Okungbowa swore him in around 1:40 pm on the same day.
Shaibu and Obaseki had been in months of battle which has seen accusations, counter-accusations, apologies, and court cases, all of which were believed to be the aftermath of the duo’s strained relationship owing to Shaibu’s plans to contest the Edo State governorship poll.
He contested the PDP governorship primary and declared himself a winner in a parallel poll. However, businessman Asue Ighodalo was declared as the party’s flagbearer for the exercise.
