THE Federal High Court in Abuja has dismissed two separate motions filed by the Edo State Government and the State House of Assembly against the reinstatement of Philip Shaibu as the state deputy governor.
The presiding judge, James Omotosho, in his ruling on Tuesday, September 24, also awarded N400,000 against the Edo State Government and the State Assembly, according to Punch.
The costs were issued following the decision by their counsels, Marvin Omorogbe and Sonia Egbunia, to withdraw their motions for a stay of execution.
Egbunia informed the court that, although the matter was set for hearing due to the appeal being transmitted to the Court of Appeal, she would withdraw the motion filed on July 19.
Similarly, Omorogbe announced his intention to withdraw the motion for stay filed on July 18.
Although Shaibu’s counsel, Reuben Egwuaba, did not oppose the withdrawal, he requested the court to impose a cost of ₦50 million each on the attorney-general and the state Assembly.
“We are not objecting to the application for withdrawal; however, we are asking for a cost of ₦50 million each. Our reason for the substantial cost is that the order of your lordship on July 17 is so clear and it was a declaratory order,” he said.
The lawyer argued that the Assembly and Attorney-General knew the court couldn’t grant a stay of execution but still attempted to obstruct justice. He added that their actions, despite being served the judgment, aimed to prevent Shaibu from enjoying the outcome of his legal victory.
On Wednesday, July 17, Shaibu was reinstated as the Edo State Deputy Governor, three months after he was impeached by the state House of Assembly.
The judge James Omotosho, while delivering his ruling noted that the impeachment was in gross violation of the Nigerian Constitution.
He further 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.
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.
However, his impeachment was challenged in court by the state government and the House of Assembly, with two motions on notice filed by the state’s attorney general and the House of Assembly, represented by their lawyers, Oluwole Iyamu, SAN, and Ken Mozia, SAN, respectively.
In the motion dated and filed July 18 by Iyamu, the attorney general prayed the court for an order to stay the execution of the judgment in Suit No. FHC/ABJ/CS/478/2024 pending the determination of the appeal filed against the said judgment.
He also sought an order of injunction restraining the respondents from giving effect to the July 17 judgment pending the hearing and determination of the appeal.
In the same development, in a motion dated and filed July 18 by Mozia, the Assembly prayed to the court to suspend the judgment and restrain Shaibu from parading himself or attending any official function as deputy governor pending the hearing and determination of their appeal.
Delivering his judgment on Tuesday, Omotosho rejected the application for a stay of execution, noting that he had already delivered a judgment reinstating Shaibu. He proceeded to dismiss the case and ordered the applicants to pay N200,000 each in costs.
The ICIR reports that Shuaibu has had a prolonged battle with the state Governor, Godwin Obaseki.
Following his reinstatement, Shaibu, on July 20, defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Shaibu declared for the APC in the presence of the Peoples Democratic Party (PDP) legacy coalition members during Saturday’s meeting of the APC’s National Working Committee (NWC) for the Edo governorship race.
On Monday, September 23, Shaibu, in reaction to the All Progressives Congress’ (APC) victory in last Saturday’s governorship election in the state, taunted Obaseki, stating that he ‘hoped he learns his lesson.’
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: [email protected]. He tweets @UsmanMustapha_M