2 months ago
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Two judgements by Justice James Omotoso of the Federal High Court, sitting in Abuja have sent the political gladiators in Edo State back to the drawing board.
The first judgement set aside Phillip Shuaibu’s impeachment as Edo State deputy governor, and the state government promptly filed a stay of execution.
The second judgement by Justice Omotoso favoured the ruling Peoples Democratic Party (PDP) as the judge dismissed the suit by Shaibu and others seeking to void Asue Ighodalo’s nomination as the party’s candidate in the forthcoming governorship election in the state.
The court held that the suit, which challenged Ighodalo’s qualification because he allegedly forged his voter’s card, was statute-barred.
The second ruling allegedly forced the opposition All Progressives Congress (APC), which earlier relied on Ighodalo’s disqualification over the improper conduct of the PDP primaries, to shift its battle for his disqualification to Abuja.
In its judgment, the court held that Shaibu’s impeachment and subsequent removal violated the provisions of the law.
Having declared the removal unlawful, the court subsequently ordered his reinstatement as deputy governor of the state.
Besides, the court ordered the inspector-general of police to restore his security details as deputy governor.
Aside from restoring Shaibu, the court also ordered that his salaries and allowances should be paid to him from April when he was impeached as the deputy governor of the state.
The court issued a perpetual injunction restraining Governor Godwin Obaseki and the Edo State House of Assembly from stopping Shaibu from performing his office’s functions.
The court in Ighodalo’s case held that because it was a pre-election case, it 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 a voter’s card was a disqualifying factor under Section 182 of the Constitution, the plaintiff failed to prove that Ighodalo forged his voter’s card, as the plaintiffs alleged.
The judge dismissed the case for lacking in merit.
In a swift reaction, the state government said it had filed a stay of execution of the judgement in favour of Shaibu.
The commissioner for orientation and communication, Hon Chris Nehikhare, said Omobayo Godwins remains the deputy governor.
He said, “Pending the appeal hearing, Omobayo remains and continues to serve as the valid deputy governor of Edo State.
The commissioner said he will continue serving in that capacity and be recognised as such.
The government called on the state’s people to remain calm and go about their lawful businesses.
The ruling allegedly threw the state chapter of the APC into disarray.
Sources at the state party secretariat revealed that the elders and stakeholders were uncomfortable with the latest judgement and Ighodalo’s grassroots acceptability.
It was learnt the party elders resolved to get Abuja involved by ensuring the use of federal might or utilising the judiciary against Ighodalo.
Efforts to get the Federal might to work in APC’s favour hit a wall as Abuja refused to be drawn into it.
Abuja said it would not risk unrest in Edo because of the ripple effect it might cause in the South-South region, especially in Delta and Bayelsa States.
“The pipelines are too precious for any government to toy with because of an individual,” media aide in the PDP Campaign Council, Felix Osaro, said.
This is an off-cycle election, and the world is watching. Nigeria, having been returned as ECOWAS chairman, cannot afford to be seen disrupting free and fair elections, not only in Edo but also in Ondo State.
It was gathered that despite pressure by the state elders on the federal might, the presidency has refused to yield to their plea.
The APC in Edo believes that Ighodalo is the only obstacle to the party’s entry into the Government House, and everything must be done to remove him from the stage.
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