• State govt, Assembly appeal judgement
• Another dismisses suit seeking Ighodalo’s disqualification as PDP candidate
From Michael Egbejule (Benin City) and Ameh Ochojila (Abuja)
Justice James Omotosho of the Federal High Court, Abuja, has set aside the impeachment of Philip Shaibu, as the Edo State Deputy Governor. The court, in its judgment, held that Shaibu’s impeachment and subsequent removal violated provisions of the law.
Having declared the removal as unlawful, the court subsequently ordered his reinstatement as Deputy Governor of the state. Besides, the court ordered the Inspector General of Police (IGP) to restore his security details as Deputy Governor.
Meanwhile, the Edo State government has filed a stay of execution of the judgement, the Commissioner for Communication and Orientation, Chris Nehikhare, has disclosed.
Nehikhare, in a statement made available to newsmen in Benin, said that pending the hearing of the appeal against the judgment, Omobayo Marvellous Godwins, remains and continues to serve as the valid Deputy Governor of Edo State.
Nehikhare added: “He, Godwins, will continue to serve in this capacity and would be recognised as such.
“The state government, hereby, calls on the people of Edo to remain calm and go about their lawful businesses.”
ALSO, the Edo State House of Assembly, yesterday, appealed the judgment, as it filed a stay of execution pending the appeal. The Edo State Assembly had, on Monday, April 8, 2024, impeached Philip Shaibu, following the adoption of the report of the seven-man investigative panel set up by the state’s Chief Judge to probe allegations of misconduct against the former Deputy Governor.
Shaibu was subsequently impeached by the vote of 18 out of 19 members of the Assembly present at plenary, while one abstained from the headcount and voting process.
Recall that the State Governor, Mr. Godwin Obaseki, upon the impeachment of Shaibu, picked Omobayo Marvellous Godwins as his deputy to complete his second tenure in office, which would end on November 11, 2024.
IN another development, Justice Omotosho also dismissed a suit by Shaibu and others seeking to void Asue Ighodalo’s nomination as the candidate of the People’s Democratic Party (PDP) in the forthcoming governorship election in Edo State.
Delivering his judgment, Justice Omotosho held that the suit, which challenged Ighodalo’s qualification on the grounds of voter card forgery was statute barred.
Omotosho held that the suit, being a pre-election case, was filed outside the 14 days allowed under Section 285(9) of the Constitution.The judge also held that even though forgery or non-possession of voter card was a disqualifying factor under Section 182 of the Constitution, the plaintiff failed to prove that Ighodalo forged his voter card, as alleged by the plaintiffs.The judge dismissed the case for lacking in merit.
