Court fixes date to hear suit challenging Shaibu’s reinstatement

A Federal High Court in Abuja has fixed 24 September to hear the two separate motions filed by the Edo State Government and the Edo House of Assembly challenging the reinstatement of Philip Shaibu as deputy governor.

Justice James Omotosho fixed the date following two motions on notice filed by the Attorney General of Edo State and the Edo House of Assembly by their lawyers, Oluwole Iyamu, SAN, and Ken Mozia, SAN, respectively.

In the motion dated and filed on 18 July by Mr Iyamu, the attorney-general sought two orders.

He prayed the court for an order for a stay of the execution of the 17 July judgment which reinstated Mr Shaibu as the deputy governor of Edo pending the determination of the appeal filed against the judgment.

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

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

The applicants, in their grounds of argument, said, being dissatisfied with the judgment, they had appealed against it vide a notice of appeal dated 18 July and filed the same day.

“The said notice of appeal raises serious and arguable grounds.

“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 Mr 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.

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Background

Justice Omotosho had, on 17 July, voided the impeachment of Mr Shaibu as the deputy governor of Edo.

Justice Omotosho, in the judgment, ordered his reinstatement to office because the Edo House of Assembly failed to comply with due process in the purported impeachment.

The reinstated deputy governor had sued the inspector-general of police, the attorney-general, the chief judge of Edo, the speaker of the Edo House of Assembly and the Edo State House of Assembly.

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