The development occurred after Justice James Omotosho refused to grant the oral application made by Shaibu’s lawyer, Prof. Oladoyin Awoyale, to the effect.
The embattled deputy governor had, in a motion ex-parte marked: FHC/ABJ/CS/321/2024, sued the Edo State government, the governor, the House of Assembly, and the Speaker as 1st to 4th defendants.
Also joined in the suit are the Clerk of the Assembly, the Chief Judge, the Inspector-General (I-G) of Police, and the Director-General of State Security Service as 5th to 8th defendants respectively.
In the motion dated and filed March 8, Shaibu sought an order of interim injunction restraining the 3rd to 5th defendants from interfering with the res (subject matter) of the originating summons.
He also sought an order of interim to restrain the defendants jointly or severally from taking any adverse actions concerning any attempt or process targeted at his removal from office as deputy governor of Edo State pending the hearing of the motion on notice.
He urged the court to make an order restraining the 1st to 8th defendants from preventing him from performing his official duties and discharging his responsibilities, including, attending the State Executive Council meetings/functions and other duties.
Justice Omotosho had, on March 13, refused to grant the ex-parte motion after it was moved by Awoyale. Instead, the judge ordered the lawyer to serve all the defendants with the processes and hearing notices and adjourned till March 18 for a hearing.
But on Tuesday when the matter came up, Awoyale told the court that he was unable to serve some of the defendants and the judge adjourned until yesterday to hear another motion filed.
Upon resuming the hearing yesterday, Awoyale informed the court that he had a humble application dated March 8.
He said the motion sought an order granting leave to them to effect service of the originating summons and other processes on the 1st and 2nd defendants by substituted means, through pasting the documents at the gate of Edo State Government House or by courier service.
The senior lawyer said the motion also sought an order granting leave to effect service of the processes on the 3rd and 4th defendants by substituted means, through pasting it at the Edo State House of Assembly gate or by courier service and urged the court to grant their prayers.
He said the 6th, 7th, and 8th defendants had been served in the matter.
He then prayed to the court for an order for parties to maintain a status quo pending the hearing and determination of the suit, citing previous cases to back his submission.
But Justice Omotosho turned down Awoyale’s request for an order for parties to maintain the status quo. “Counsel, you know that it is not possible,” he said.
The judge held that the previous case cited by the lawyer was not applicable in the instant suit.
He said in the authority cited about the military administrator of Lagos State, all the parties in the suit had been served, but in the present case, some parties were yet to be served.
“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, however, advised the lawyer to apply for a fiat, through the Chief Judge of FHC, so that their case could be heard during vacation as the court would commence its vacation on Friday.
The judge, who granted the leave for substituted service as prayed by the lawyer, adjourned the matter till April 15 for a hearing.
