LAGOS STATE GOVERNMENT REFUNDS 145 FORMER SUBSCRIBERS OF EGAN HOUSING ESTATE
admin A Federal High Court in Abuja has voided the impeachment of Philip Shaibu as the Deputy Governor of Edo State.
Justice James Omotosho ordered his reinstatement to office on the grounds that the House of Assembly failed to comply with due process in purporting to impeach Shaibu.
Shaibu, upon hearing the judge’s pronouncements, shed tears.
Justice Omotosho, who agreed with the plaintiff’s legal team, including Reuben Egwuaba, held that the allegation on which the House of Assembly based the impeachment proceedings was untenable in law and does not constitute a gross misconduct.
He held that it was strange that the House of Assembly could impeach Shaibu for allegedly violating the Official Secret Act because he purportedly attached some documents relating to the state’s security structure to a fundamental rights enforcement suit he filed in court.
Justice Omotosho noted that the suit was for the enforcement of his rights guaranteed under Chapter four of the Constitution.
He held that the provisions in Chapter four of the Constitution which relates to the fundamental rights of citizens supersede any provision in the Official Secret Act.
Justice Omotosho said: “The defendants have tried to justify the plaintiff’s impeachment on the grounds that he was found guilty of gross misconduct due to him attaching some security documents as exhibits in a suit he filed, which they claimed breached the Official Secrets Act.
“Unfortunately for the defendants, they did not attach the said exhibits for the court to consider. The burden to justify an impeachment clearly lies on the House of Assembly.
“The defendants, particularly the sixth, have failed to show through cogent and verifiable evidence that the impeachment of the plaintiff is justified. The plaintiff, in the exercise of his right to present his case as he sees fit, had attached the said offending exhibits.
“The action of the plaintiff is in line with his constitutional right, which supersedes any provision in the Official Secrets Act.”
The judge held that the court’s position would have been different if Shaibu had exposed the said classified documents to the public or went on air with them, which is not the case here.
He added: “The plaintiff, in the eyes of this court and the law, remains the Deputy Governor of Edo State. The office was not vacant at any point in time to warrant the swearing in of any other person.
“Consequently, I hold that the impeachment of the plaintiff as wrongful and without any merit.
“In final analysis, the plaintiff’s claim that his impeachment was wrongful is successful and this Court upholds same.” Justice Omotosho, among others, ordered the IG to provide Shaibu with needed security to enable him resume office and perform the functions of the office until the end of his tenure.
He also set aside the appointment of another Deputy Governor, and held that Shaibu be paid all his salaries, allowances, fringe benefits, and all that he is entitled to as a Deputy Governor.
Edo Assembly appeals judgment
The House of Assembly has however appealed the judgment and filed a stay of execution pending hearing of the appeal.
The 24-member Assembly, on April 8, impeached Shaibu following adoption of a report the seven-member panel which probed the allegations of gross misconduct, perjury and leak of government’s secrets, levelled against Shaibu.
Omobayo remains in office, Obaseki insists
Governor Godwin Obaseki has said Godwin Omobayo remains the deputy governor.
Obaseki, through the the Commissioner for Communication and Orientation, Chris Nehikhare, said: “Following the court judgment that faulted the impeachment of the erstwhile Deputy Governor, Philip Shaibu, the Edo State government has filed a stay of execution of the judgment.
“Pending the hearing of the appeal of the judgment, incumbent Deputy Governor, Godwins Omobayo, remains and will continue to serve in this capacity, and will be recognised as such.”
Shaibu: It’s victory for democracy, rule of law
- ‘Governor’s reaction attempt to ridicule sound judgment’
The reinstated deputy governor, Shaibu, condemned Governor Obaseki’s reaction to the judgment, describing it as an affront on the judiciary, and a blatant attempt to ridicule sound judgment’.
Shaibu also described the ruling as ‘victory for democracy and the rule of law’.
A statement by his media aide, Ebomhiana Musa, reads: “It is a victory for democracy and the rule of law. The judiciary remains the last hope of the common man. For mere mortals who think they can play God in the lives of others, this judgment serves as a lesson. God appoints kings as it pleases Him. Those who have ears, let them hear.
“The statement issued by the Commissioner for Communication and Orientation, Chris Nehikhare, is an affront on the judiciary, and a blatant attempt to ridicule the sound judgment. It smirks of arrogance of power on the part of the government by insisting that ‘nothing has changed, Omobayo remains the Deputy Governor.”
Orbih, Ojezua congratulate Shaibu
The National Vice Chairman (South South) of the Peoples Democratic Party (PDP), Chief Dan Orbih, and a PDP Chieftain, Aslem Ojezua, have congratulated Shaibu.
Orbih, in a telephone interview, said: “I want to sincerely congratulate Philip Shaibu over his landmark victory in the legal battle against his unlawful impeachment.”
Orbih appealed to all political actors in the state to let the judgment be the basis for a new and more fruitful relationship, especially within the PDP and citizens of the state.
Ojezua said common sense and the rule of law has prevailed with the judgment.
“Today, I think those who believed in the rule of law have prevailed. We can’t rule Edo State like a banana republic. There are rules and they are meant to be obeyed. The House of Assembly violated all the rules and came up with trumped up charges,” he said.
Ojezua advised Governor Obaseki to begin a reconciliation process within the party and with the people.
