Edo asks court to suspend judgment reinstating Shaibu

The Edo State Government and the state assembly have filed two separate applications before Justice James Omotosho of the Federal High Court in Abuja to suspend a judgement reinstating Philip Shaibu as the Deputy Governor of the state, pending the hearing and determination of the motion on notice.

The two applicants, in separate motions, challenged Shaibu’s reinstatement on the grounds of the court’s jurisdiction to entertain the suit.

While the Edo State Attorney General, on behalf of the state government, filed its motion on notice through its counsel Oluwole Iyamu (SAN), the House of Assembly filed theirs through their lawyer Ken Mozia (SAN).

Recall that Shaibu was impeached on April 8, 2024, following the adoption of the report of a seven-member investigative panel set up by the Chief Judge of Edo State, Daniel Okungbowa, which was headed by S. A. Omonuwa, a retired justice.

The reinstated deputy governor was impeached on the grounds of misconduct, perjury, and disclosure of government secrets. He, however, challenged his impeachment in a suit marked: FHC/ABJ/CS/478/2024.

On July 7, 2024, while delivering judgement in the suit, Justice Omotosho voided his impeachment and ordered his reinstatement to office because the House of Assembly failed to comply with due process in the impeachment.

Justice Omotosho also declared that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute gross misconduct.

At Thursday’s sitting, Justice Omotosho adjourned the hearing on the motion on notice till September 24.

The applicants, in their grounds of argument, said that given their dissatisfaction with the judgement that reinstated Shaibu as deputy governor, they filed an appeal against it via a notice of appeal dated July 18 and filed the same day.
“The said notice of appeal raises serious and arguable grounds.”

In the motion dated and filed on July 18, the AG sought two orders: “An order staying the execution of the judgement in Suit No. FHC/ABJ/CS/478/2024 between RT. HON. COMRADE PHILIP SHAIBU v. INSPECTOR GENERAL OF POLICE AND 5 ORS delivered on the 17th day of July 2024, pending the determination of the appeal filed against the said judgement.”

He also sought an order of injunction restraining the respondents from giving effect to the July 17 judgement pending the hearing and determination of the appeal.

“It raises the issue of the jurisdiction of this Honourable Court to entertain the subject matter of this suit,” they said.
They argued that their right of appeal would be stifled if the application was not granted.

The applicants said the smooth operation of the machinery of the state government would be impeded if Shaibu “is allowed to take over as the Deputy Governor of Edo State, having regard to his recent open declaration of support for the rival political party (The All Progressives Congress).”

“Monetary damages would be an adequate compensation to the 1st respondent (Shaibu) should it turn out that this application ought not to have been granted,” they argued, among other grounds.

Also in the motion dated and filed on July 18 by Mozia, the Edo lawmakers sought an order suspending the judgement and restraining Shaibu from parading himself or attending any official function as deputy governor pending the hearing and determination of their appeal.