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From Godwin Tsa, Abuja
The Abuja Division of the Federal High Court has reinstated the impeached Deputy Governor of Edo State, Mr Philip Shaibu, declaring his purported impeachment illegal, unconstitutional, null, and void.
Justice James Omotosho, in his judgment, held that the impeachment grossly violated Sections 188 and 35 of the 1999 Constitution (as amended).
Consequently, the court ordered the payment of all Shaibu’s salaries, allowances, and benefits from April 8, the date of his illegal impeachment, until the expiration of his tenure.
Furthermore, the court issued a perpetual injunction restraining Governor Godwin Obaseki and the Edo State House of Assembly from hindering Shaibu from performing his official duties. Justice Omotosho also ordered the Inspector General of Police to immediately reinstate Shaibu’s security detail.
The court maintained that the Edo Assembly’s reasons for impeaching the plaintiff were weak and indicative of a politically motivated vendetta.
Read also: Ighodalo: I’ve been vindicated – Shaibu reacts to court judgement
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The Edo State House of Assembly impeached Philip Shaibu on Monday, April 8, 2024, following the adoption of a report by a seven-man investigative panel. The panel, set up by the State Chief Judge to investigate allegations of misconduct against Shaibu, was headed by Justice S.A. Omonua (retired).
The panel probed Shaibu on allegations of perjury and leakage of government secrets, concluding its proceedings without his appearance. Shaibu was impeached by a vote of 18 out of the 19 Assembly members present at the plenary, with one abstention.
Following Shaibu’s impeachment, Governor Godwin Obaseki appointed Omobayo Marvellous Godwins as his deputy to complete his second term, which ended on November 11, 2024.
Dissatisfied with the impeachment process, Shaibu filed a suit with the Federal High Court in Abuja, challenging his removal from office. He named the Edo State House of Assembly and others as defendants.
Delivering his judgment, Justice Omotosho affirmed that Shaibu’s removal from office and the subsequent appointment of Omobayo Godwins as his replacement were illegal, unconstitutional, null, and void.
The court found a breach of the procedures outlined in Section 188(1) to (9) of the Constitution during the impeachment process. It noted that the ouster clause in Section 188(10), which limits jurisdiction, is not a stand-alone provision.
Citing the Nigerian Supreme Court’s decision in Inakoju v. Adeleke (2007), the court ordered the Inspector General of Police to immediately reinstate the plaintiff’s security detail as Deputy Governor of Edo State.
