A Federal High Court in Abuja has reinstated Philip Shaibu as Edo State Deputy Governor, three months after he was impeached by the state House of Assembly.
In his ruling, on Wednesday, July 17, the presiding judge, James Omotosho, said the impeachment was in gross violation of the Nigerian Constitution.
The judge held that the allegation on which the House of Assembly based the impeachment proceedings was untenable in law, adding that the impeachment was illegal and unconstitutional.
The court also mandated that his salaries and allowances be paid from April 2024 when he was impeached.
Besides, the judge directed the Inspector General of Police (IGP) Kayode Egbetokun to restore his security details.
Shaibu’s impeachment followed the adoption of the report of the seven-man investigative panel set up by the state’s Chief Judge, Daniel Okungbowa, to probe allegations of misconduct against him.
Of the 20 members present, 18 voted in favour of the impeachment, while one opposed it, cementing the resolution to impeach him.
Shaibu was deemed responsible for the offence of revealing official secrets, based on the investigation conducted by a seven-person panel headed by Stephen Omonua, a retired judge appointed by the state’s Chief Judge.
Recall that Shaibu filed a suit at the Federal High Court seeking to stop his impeachment, but the Abuja High Court refused to grant an ex-parte motion.
In the motion marked FHC/ABJ/CS/321/2024, the state government, governor, House of Assembly, House of Assembly Speaker, Clerk, Chief Judge, the Inspector General of Police and the Director General of the Department of State, Services were listed as first to eight defendants.
In the suit, Shaibu sought an order of the court restraining the third to fifth defendants from commencing any process by issuing a notice of allegation, holding proceedings, or setting up any panel of investigation for his removal pending the hearing of a motion on notice.
He also sought an interim injunction restraining the defendants, whether themselves or their agents, from interfering with the res/subject matter of the originating summons filed in the suit by taking any adverse action about any attempt or process targeted at his removal from office as the deputy governor pending the hearing of the motion on notice.
The ICIR reports that Shuaibu has had a prolonged battle with the state Governor, Godwin Obaseki. His interest in succeeding his principal worsened the feud.
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: umustapha@icirnigeria.com. He tweets @UsmanMustapha_M