By Babs Oyetoro, David Lawani, and Kenny Folowosele
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 yesterday’s judgement, Justice Omotoso declared the impeachment by the Edo State House of Assembly as illegal, unconstitutional, null, and void.
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.
Omotosho also ordered the Inspector-General of Police (IGP) Kayode Egbetokun to restore his security details.
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*Govt, state Assembly kick, appeal judgement
However, the state government has insisted that Marvellous Omobayo remains the deputy governor.
In a statement by the Commissioner for Communication and Orientation, Chris Nehikhare, said the state government has launched an appeal and also filed a stay of execution of the judgement.
Nehikhare said, “Following the Federal High Court, Abuja judgement that faulted the impeachment of the erstwhile deputy governor, Philip Shaibu, the Edo State Government has filed a stay of execution of the judgement.
“Pending the hearing of the appeal of the judgement, the incumbent Deputy Governor, Marvellous Omotayo, remains and continues to serve as the valid Deputy Governor of Edo State.
“He will continue to serve in this capacity and will be recognized as such. The government hereby calls on the people of Edo State to remain calm and go about their lawful businesses.”
The Edo State House of Assembly (EDHA) has appealed the judgement 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.
The lawmakers have also filed a stay of execution on the judgement pending the appeal.
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 the EDHA was headed by Justice S.A. Omonua (retd.) 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 plenary, while one abstained from the headcount and voting process.
Chief Press Secretary to Shaibu, Musa Ebomhiena, said the judgement was a victory for democracy and the rule of law.
He said, “For us, it’s a victory for democracy and the rule of law. The judiciary remains the last hope of the common man. For mere mortals who think they can play God in the lives of others, this judgement serves as a lesson. He appoints kings and kings as it pleases Him. Those who have ears, let them hear.
“For the statement hurriedly issued by the Commissioner for Communication and Orientation, Chris Nehikhare, we see it as an affront on the judiciary, a blatant attempt to ridicule the sound judgement delivered by the Honourable Justice Omotosho of the FCT Federal High Court.
“The statement smacks of arrogance of power on the part of the Edo State Government, by insisting that nothing has changed, Omobayo remains the Deputy Governor.
“Nehikhare and his co-travellers should be reminded that power is transient, especially for them with less than four months to vacate office,” he added
Also, reacting after the judgment, the impeached deputy governor of Edo State, Com. Shaibu expressed his joy, thanking the judiciary and Justice James Omotosho for demonstrating courage in his verdicts.
“For me, I want to thank the judiciary, Justice Omotosho, for his courage. He has restored confidence that truly the judiciary is the last hope of the common man. And as a common person, justice has been done
“I also want to thank the Edo people and Nigerians for standing by me.”
Also speaking, Shaibu’s lawyer, Ayotunde Ogunleye (SAN) in his reaction after the judgment said: “The court has said that Shaibu’s office was never vacant and therefore there cannot be any replacement to that office.”
•Orbih, Ojezua, Morka hail judiciary, says rule of law, justice prevail
Political stakeholders and activists have reacted to the landmark judgement delivered yesterday by the Justice James Omotoso of the Federal High Court sitting in Abuja, where the impeached Deputy Governor of Edo State, Mr. Philip Shaibu was reinstated back to office saying the rule of law and justice have prevailed at the end of the day.
The trio of Dan Orbih, Aslem Ojeazu, and Felix Mork who spoke separately with ThisNigeria were united in their opinions as they viewed Shaibu’s impeachment as unlawful and should not subsist where the rule of law is in operation.
“Shaibu for the favourable judgement even as he alluded to the saying of Plato, who described ‘justice as the cornerstone of the social system established on the fact of giving each man his due’ to establish his position on the injustice meted to the deputy governor.
“I am glad Shaibu has been duly reinstated. Lessons learnt in this unfortunate drama will certainly deepen our democracy and enhance the observance of the rule of law. I pray he sees out the remaining months of his tenure with a forgiving spirit and fear of God in all he does. He should be tolerant but firm”, he admonished.
Orbih recalled with pain the shenanigan that preceded the purported impeachment perpetrated by some elements of the government.
“It is an irony that the passion and priority that was given to the impeachment is especially lacking in the execution of the government policies and programmes for which I mounted the rostrum to promise the good people of Edo State that you and your principal will accomplish.
“As he returns as deputy governor of Edo State, I implore him to use his office to bring zeal to governance and policies, to wit, so that we would not be left in shame as a party that failed in our promises to the good people of Edo State.
“He should please do this within the ambit of the constitution as the elected and judicially reaffirmed deputy governor of Edo State.
“In that wise, I appeal to all political actors in Edo State to let this judgment be the basis for a new and more fruitful relationship, especially within our Peoples Democratic Party, PDP, and all citizens of the state.
A one-time ally of Governor Obaseki, who was also a former APC chairman, who decamped to the PDP with the governor, Ojezua, said the rule of law has prevailed.
Ojezua, who contested the PDP primary election, said, “I know this is how it would end, and I am very happy about the fact that common sense and the rule of law have prevailed in Edo State.
“I was surprised about the trump-up charges against Shaibu, I condemned it and said it was a shame that this could happen in Edo. Today, the rule of law has prevailed.
‘We can’t rule Edo State like a banana republic or as if we are being teleguided by uncivilized people.
“There are rules that are meant to be obeyed but these people violated all the rules and Shaibu’s impeachment was the height of irresponsibility and I hope that they accept this judgement in good fate.
He, however, reminded the governor that he was at the tail end of his regime and as such should set in motion the machinery of reconciliation.
“I will advise Mr. Governor to be mindful of the fact that he only has a few days to go and should begin to reconcile with people.
“Shaibu is one of the people who worked with the governor but because he was insisting on his constitutional right, the governor said no, he would deny him his rights.
“The governor who used to be a victim has now become the villain and I have never seen a governor in an election period, chasing people away instead of bringing in people to his fold.
Human rights lawyer, Felix Morka has lent his voice to the political development in Edo State saying that the Governor was misled in arbitrarily removing his Deputy, Comrade Shaibu from office.
Morka, in a reaction to the Federal High Court ruling via a telephone conversation, noted that the judgement was a welcome development, saying it was an unjustifiable act for Obaseki to remove his deputy without following the due process of the law.
He said, “The judgement is welcome. He was arbitrarily removed by the governor without lawful justification. It is an unjustified act, and we welcome the judgement. We are pleased with the judgement.”
On whether the reinstated Deputy Governor, Philip Shaibu, went to court as a member of PDP or APC, the human rights lawyer said, “That is not the point. The point here is that Gov. Obaseki was wrong in removing him because his action was smack of oppression, high-handedness, and very irrational too.”
