Court Orders IGP, Reinstates Philip Shaibu As Edo DG, Says Impeachment Illegal, Political ~ OsazuwaAkonedo
Court Orders IGP, Reinstates Philip Shaibu As Edo DG, Says Impeachment Illegal, Political ~ OsazuwaAkonedo #Asue #Awoyale #Chikere #Daniel #Godwins #Ighodalo #James #Joe #Maryann #Obaseki #Ohaifa #Okungbowa #Oladoyin #Omobayo #Omonua #Omotosho #Philip #Sabina #Shaibu #Stephen https://osazuwaakonedo.news/court-orders-igp-reinstates-philip-shaibu-as-edo-dg-says-impeachment-illegal-political/17/07/2024/ #Breaking News Published: July 17th, 2024 Reshared: July 17, 2024 8:27 pm Federal High Court sitting in Abuja has ordered the Inspector General of Police to
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00:00Federal High Court sitting in Abuja has ordered the Inspector General of Police to mobilize his men to reinstate Felix Shahi to continue his constitutional duties as Edo State's Deputy Governor, ruling that his impeachment by the State House of Assembly is illegal and politically motivated.
00:13Justice James Omotesho of the Federal High Court in Abuja passed the judgment on Wednesday.
00:17Justice Omotesho, while delivering judgment in the lawsuit brought before the court, ordered that Shahi be reinstated to office because the Edo State House of Assembly failed to comply with due process in carrying out impeachment on him.
00:28Justice Omotesho also set aside the appointment of the new Deputy Governor who was appointed by the Edo State Governor, Godwin Obaseki to replace Shahi.
00:35The court held that the allegation on which the House of Assembly based the impeachment proceedings was untenable in law and did not constitute gross misconduct.
00:42He ordered the Inspector General of Police to provide him with needed security to enable him to resume office and perform the functions of the office until the end of his tenure.
00:51Justice James Omotesho held that the removal of the plaintiff, Shahi from office as Deputy Governor of Edo State and the subsequent appointment of Omamayo Godwins as his replacement by the Governor of Edo State was illegal, unconstitutional, null and void.
01:03Reports from news reporters that covered the court proceeding indicated that the court held there was a breach of the provisions of the procedure laid out in Section 188.1.9 in the way and manner the impeachment process was conducted.
01:14The court noted that the ouster clause in Section 188.10 limiting the jurisdiction is not a stand-alone provision.
01:21The court referred to the decision of the Nigerian Supreme Court in Inakuju v. Adeleke, 2007.
01:26Justice Omotesho held that the impeachment was politically motivated because of Shahi's aspiration to contest the office of Governor of Edo State.
01:33The court, therefore, ordered the first defendant, the Inspector General of Police to immediately restore the security of the plaintiff, Shahi, as Deputy Governor of Edo State.
01:42The judgment has thrown supporters of Philip Shahi into mood of celebrations with some of the supporters seen in Edo North and parts of Benin City dancing on the streets.
01:50Some of the supporters of Shahi were also seen within the court premises, Abuja celebrating the court verdict.
01:55Earlier in April, 2024, we had reported that the Edo State House of Assembly has impeached the State's Deputy Governor, Philip Shahi, over a court affidavit filed before a federal high court siting in Abuja.
02:06The Edo State House of Assembly has stated before the panel of investigations set up by the State Chief Judge that the affidavit filed by Philip Shahi contained information about the Edo State Executive Council meeting,
02:15which 22 out of the 24 lawmakers in the Edo State House of Assembly considered such as leaking official secrets.
02:21Philip Shahi had approached federal high court in Abuja in 2023, praying the court to stop the conspiracy outlawed by the State Governor, Godwin Obaseki,
02:28and members of the State Assembly to impeach him from office over his political ambition to contest as Governor in the forthcoming governorship election in the state.
02:35Philip Shahi, who in a video press release after his impeachment, described his impeachment by the lawmakers as illegal.
02:41Adding that, the action of the lawmakers is a threat to democratic practice in the state.
02:45The lawmakers carried out the impeachment despite an order of court siting in Abuja asking the Assembly to stop action.
02:51It was gathered that the Assembly began sitting at 9.41am and voted for the impeachment of the Deputy Governor by a vote of 18 against one who voted.
02:59Against, among the 20 members present was the Speaker expected to give the deciding vote in case of a tie.
03:04Shahi, who, according to retired Justice Stephen Omonwole's seven-month panel set up by the Chief Judge, CJ, of the State, Justice Daniel Okonbwa,
03:12to investigate the allegation of gross misconduct leveled against the Deputy Governor, submitted that the Deputy Governor was guilty of disclosure of official secrets.
03:20In recent time, there was drama in the state's ruling political party, People's Democratic Party,
03:25PDP primary election to pick the flag bearer for the forthcoming governorship election.
03:29The impeached Deputy Governor, Philip Shaiwo, was elected as a PDP governorship candidate during a parallel primary election conducted at a location in Benin City.
03:37Ashu Igodalo, reportedly the preferred choice of Governor Godwin Obaseki, was also announced winner of another PDP primary exercise,
03:44which took place at the Samuel Ogbemudia Stadium in Benin City, the Edo State Capital.
03:48Federal High Court sitting in Abuja had recently declared the election of Ashu Igodalo as PDP candidate as illegal, null and void.
03:55That aside, the panel of investigation, however, exonerating the impeached Deputy Governor on the allegation of perjury as it was not, made up, that is proven.
04:04It would be recalled that on April 4th, Philip Shaiwo objected to the seven-member investigative panel proceeding with his planned impeachment,
04:10urging them to adhere to an interlocutory injunction issued by a Federal High Court in Abuja.
04:15On April 5th, the Deputy Governor failed to appear before the seven-month panel that prompt allegations of perjury and leaking of the government's secrets against him.
04:23Following the impeachment of Philip Shaiwo, Governor Obaseki swiftly moved to fill the vacancy by appointing Omobayo Manolos Godwin,
04:29a 37-year-old electrical electronics engineer with experience in the oil and gas sector.
04:34The newly appointed Deputy Governor of Edo State, Manolos Omobayo, was sworn in Sunday Philip Shaiwo was impeached by the State Chief Judge, Daniel Okonjoa.
04:42In his inaugural speech, Omobayo thanked his principal, Governor Godwin Obaseki, and the leadership of the People's Democratic Party for finding him worthy of the appointment.
04:51He said,
04:52The oath of office I have just taken is my legal acceptance speech. It defines the legal limits that I can or cannot exceed while in office.
05:00Beyond this legal ceremony, it is imperative that I publicly express my profound gratitude to our respected Executive Governor,
05:06His Excellency, Governor Godwin Obaseki, and the leadership of our great party, the People's Democratic Party.
05:12After all the very painful and thought-provoking distractions of the past few months, our Governor is determined to finish his second term very strong.
05:19From his dialogue with me, it is clear that he is very determined to bequeath a legacy of peace, unity, progress and visible development to Edo State.
05:27A legacy that the next PDP regime will find exciting to proudly build upon and maintain the leadership position Edo has achieved over time in the Committee of States in Nigeria.
05:35Born July 19, 1986, Omobayo hails from Akoko Edo local government area of the state.
05:41Meanwhile, the Edo State House of Assembly had explained how the state's Deputy Governor, Philip Shaibu, allegedly leaked the government's secrets and committed perjury, which, it said, were impeachable offenses.
05:52The Assembly, represented by its Deputy Clerk, Joe Ohaifa, stated its case at the inaugurating sitting of the 7-man panel probe in Shaibu.
06:00The panel, headed by retired Justice S.A. Omonua, was raised by the Edo State Chief Judge, Justice Daniel Okunbua, at the instance of the State Assembly, which on March 5 commenced impeachment proceedings against the Deputy.
06:11Government, the Assembly, according to PONT newspaper, said the impeachment proceedings were based on a petition accusing Shaibu of perjury and leaking the government's secrets.
06:20The impeachment is believed to be the latest development in the rift between Shaibu and his principal, Governor Godwin Obaseki.
06:26There has been an uneasy calm between the Deputy Governor and his principal since last year when Shaibu declared his interest to join this year's Edo governorship race.
06:34Presenting the Assembly case, the Deputy Clerk said Shaibu leaked the state's secrets in the affidavit he filed in support of an Abuja lawsuit.
06:41He said Shaibu rendered documents relating to the state's Executive Council's meeting.
06:45According to Ohaifa, Shaibu violated the oath of secrecy he took and acted contrary to the provisions of Schedule 7 of the 1999 Constitution.
06:52The panel, after hearing the Assembly's case, adjourned for Shaibu to enter his defense.
06:57Earlier at the proceedings, Shaibu's lawyer, Professor Oladoyin Awoyole, S.A.N., had excused himself from the hearing after the panel declined his application to suspend the proceedings.
07:06Awoyole, in his submission, urged the panel to hold the impeachment proceedings pending the outcome of a suit filed by Shaibu before the Federal High Court in Abuja.
07:15Awoyole told the panel that the Abuja court had fixed a pretext for parties in the suit to appear to show cause why it should not grant Shaibu's prayer for an interlocutory injunction to hold the impeachment proceedings.
07:24But opposing the prayer, the Deputy Clerk said by virtue of Section 188.10 of the 1999 Constitution, no court had the right to prevent the House of Assembly or the 7-1 panel from performing their constitutional duties.
07:37Ohaifa said Shaibu's lawyer must convince the panel that the provisions of the Constitution have been altered for the panel to sustain his argument.
07:43In his ruling, the panel chairman, Justice Omonua, agreed with Ohaifa.
07:47The retired judge noted that the invitation for the parties to show cause was not an order to hold the impeachment proceedings.
07:53Justice Omonua said the panel would continue with the proceedings and ask the House of Assembly to state its case.
07:58Responding to the ruling, Awoyole told the panel that his client would not be able to continue to participate in the investigation and sought the panel's permission to be excused.
08:07When asked whether he was waiving his right to defend his client, the son answered in the negative, stressing that parties must obey the court's decision and that they should appear before it to show cause.
08:16Propped further, if he was, arresting the ruling of the panel, Awoyole answered again in the negative and reiterated the need to obey the court which would be seated on Monday, April 8, 2024.
08:25The Federal High Court in Abuja on Monday resumed sitting in the lawsuit filed by the impeached Edo State's Deputy Governor, Philip Shaibu, challenging the move by the State House of Assembly to impeach him.
08:34The S.A.N., subsequently, took his leave.
08:37Justice I.E. Eko had on March 28 adjourned till April 8 for the defendants in the suit to appear before him to show cause why Shaibu's prayer to hold the impeachment proceedings should not be granted.
08:46Since last year, the impeached Deputy Governor had been in the news from one case of intimidation to harassment allegedly by the State Governor.
08:53The Deputy Governor of Edo State, Philip Shaibu, in one of the television interviews granted last year, said that his ambition is personal and he is 100% loyal to Obaseki.
09:03He made this known during a live interview with Arise News.
09:06Shaibu said in quote, Ambition is personal, loyalty is given.
09:10I am 100% loyal to my Governor and that is why he has, I have been intimidated and harassed.
09:16As I speak to you, I am relocated from Government House.
09:19I didn't go to court to check the legality of that action.
09:22That is loyalty.
09:24My office for the fourth or fifth month, no allocation has been given to my office.
09:28And this evening, my ex told me that the Governor has also instructed that the phone they used to give to my vehicle should no longer be given to the vehicle.
09:35So why all this?
09:36I cannot be intimidated.
09:38During the political battle last year, local media reported that the Edo State Governor, Godwin Obaseki, served the former Permanent Secretary of the State Sports Commission, Mrs. Sabina Chikeri.
09:48Recall that Obaseki had in August redeployed Chikeri from the Sports Commission to Central Administration, Government House, Venice City, and infilmed with his deputy, Philip Shaibu.
09:57Mrs. Chikeri, until her last redeployment, was also the General Coordinator of Bengal Insurance Football Club of Venice.
10:03She is a sister-in-law to the Deputy Governor, Shaibu, who is at the moment enmeshed in a battle of wits with his principal, Obaseki, on the 2024 Governorship Succession Plans.
10:13The former Insurance General Coordinator, Chikeri, is the elder sister to the wife of the Edo State Deputy Governor, Mrs. Maria Shaibu.
10:20A Government House source who confirmed the development said it was not unconnected with the rift between Obaseki and his deputy.
10:26The source said Mrs. Sabina Chikeri has been fired by Mr. Governor.
10:30The development is coming barely 72 hours after the Edo Deputy Governor, Shaibu, initially withdrew his impeachment lawsuit against his principal, Governor Obaseki.
10:38Shaibu had approached the Federal High Court in Abuja, seeking Amon's orders, an order restraining Obaseki, the Speaker of the State House of Assembly, Chief Judge of Edo State, and others from commencing the impeachment process against him.
10:51However, on September 5, 2023, the Edo Deputy Governor, Shaibu, withdrew the lawsuit he filed at the Federal High Court, Abuja, and by thwarting the effort by his principal, Governor Obaseki, to unseat him, Shaibu, from office.
11:03In a statement, Shaibu said his decision was based on the need to respect the intervention of several prominent individuals, including religious and traditional leaders, while also appreciating the Governor for agreeing to the peace initiatives.
11:15Punch Newspaper also reported that there was a mild drama last year August when a security aide to Edo State Governor, Godwin Obaseki, stopped his deputy, Philip Shaibu, from accessing his principal.
11:25According to Punch Newspaper, this happened at the 32nd anniversary of Edo State, held at the new Festival Hall, Government House, Benin City, Edo State.
11:34In the photos obtained, a security operative was seen blocking Shaibu's access to Obaseki during the event.
11:39But speaking after the event, Shaibu had pledged his loyalty to his principal, despite their rift.
11:44This is coming after weeks of dispute between the Governor and his deputy.
11:48The deputy had gone to a Federal High Court in Abuja and obtained an injunction to stop the Governor and State Assembly from plots to impeach him.