August 25, (THEWILL) – The endless fight over status between the Governor of Edo State, Godwin Obaseki and the embattled Deputy Governor, Philip Shaibu, assumed a different dimension last week when a simple Appeal Court judgement was twisted to serve an end.
What followed as reports of the simple judgement was different from what was contained in the Certified True Copy, CCT, of the judgement signed by three justices, namely, Justices Okon Abang, Usman Musale and Hamma Barka.
According to the record of proceedings, the Lead Counsel for the appellant, that is the Edo State House of Assembly, Olusegun Jolaawo, SAN, told the court: “We have filed a notice of withdrawal of the appeal since we have another appeal before the court which will take care of the instant situation.”
The Justices responded thus: “There being no objection, the appellant’s application seeking the withdrawal of this appeal is granted and by dint of 011R6 of the rules of this court, appeal with No. CA/ABJ/CV645/2024 is hereby dismissed.” Instantly, print, electronic and many online mediums read the
Court of Appeal, Abuja Division, to mean that the court dismissed an appeal by the Edo State House of Assembly and affirmed that Comrade Philip Shaibu remains the Deputy Governor of Edo State.
The Appeal Court, reports said, upheld the earlier decision of the Federal High Court in Abuja, which voided Shaibu’s impeachment and ordered his immediate reinstatement to office.
The court warned that any individual aside from Shaibu parading themselves as Deputy Governor would face legal consequences.
This development came after the Edo State House of Assembly impeached Shaibu on April 8, 2024, citing reasons such as perjury and leaking government secrets.
Much of the reports’ contents, it turned out, were taken from an earlier judgement by Justice James Omotosho of the Federal High Court of July 24, 2024, which ruled that the impeachment procedure breached due process and ordered Shaibu’s reinstatement.
The court also set aside the appointment of Omobayo Godwins as the new Deputy Governor, replacing Shaibu.
In that judgement, the court directed the Inspector-General of Police to provide Shaibu with necessary security to enable him to resume office and perform his functions as Deputy Governor until the end of his tenure.
Omotosho held that Shaibu’s impeachment violated the provisions of the law. The court declared that Shaibu’s removal on April 8, 2024 by the Edo State House of Assembly was politically motivated. The judge ordered Shaibu’s reinstatement and directed the Inspector-General of Police to restore his security.
In its reaction to the Appeal Court judgement, the Edo State House of Assembly immediately refuted reports that the Court of Appeal, Abuja, had nullified the impeachment of Philip Shaibu as deputy governor of the state.
Majority Leader of the Edo State House of Assembly, Charity Aiguobarueghian, described the reports as false and misleading.
“There was a suit instituted by Shaibu during the impeachment process to stop it, the case was before Justice Egwuatu. While the matter was ongoing, he was impeached and the new deputy governor applied to strike out the case that as deputy governor, he is not interested in pursuing a case.
“Philip Shaibu went and filed a motion asking that his name as Philip Shaibu should be used instead of deputy governor of Edo State. He also asked that the case should be converted from originating summons to a writ of summons. The court granted both applications. So, it was that motion that the court granted that we went to the Court of Appeal for, it was an interlocutory appeal. We went to the Court of Appeal to challenge that order changing the name to Philip Shaibu.
“While all these were going on, he filed another suit in his own name and that suit was taken to the court of Justice Omotosho and Justice Omotosho, on the 17th of July, declared him winner in the later suit that was filed in his name and the Edo State House of Assembly filed an appeal against that judgment. The Attorney General of Edo State also filed another appeal against that judgment.
“All three appeals came up today (Tuesday) and we now withdrew the interlocutory appeal against Justice Egwuatu’s ruling. It is that ruling that he is now saying he won. Meanwhile, that ruling did not declare him the deputy governor.
“Against that substantive suit that Justice Omotosho declared him winner, the appeal processes were served on him in court today and he has five days to reply and we were given another five days to reply to his response. That is when the suit will now be taken and a decision will not be taken. The decision has not been taken on the impeachment case,” Aiguobarueghian said.
THEWILL recalls that based on the Federal High Court ruling, Shaibu appointed a handful of aides following his reinstatement as deputy governor of Edo state by a federal high court in Abuja.
Shaibu reappointed Kingsley Ehigiamusoe as chief of staff, and Musa Ebomhiana as chief press secretary.
Shaibu also appointed seven others to serve in various capacities.
The Edo State Government had faulted the appointments and said that Shaibu’s action was “provocative.”
The government said it has filed a stay of execution of the judgment.
Chris Nehikhare, Edo Commissioner for information and communication, asked the public to disregard the appointments made by Shaibu.
“It is clear that the impeached deputy governor is hell-bent on creating chaos in the state, but the Edo State Government has resolved to put his antics in check and ensure that the state continues to run smoothly,” the statement reads.
“We restate that Marvellous Omobayo remains the Deputy Governor of Edo State and the public is enjoined to disregard the shenanigans orchestrated by Shaibu.
“The government, once again, calls on citizens to be rest assured that we will maintain peace and order as we charge them to go about their lawful businesses.”
On April 8, Governor Obaseki declared Omobayo Godwin as his deputy, a few hours after the impeachment of Shaibu.
Reacting during the weekend, Engr. Marvellous Godwin Omobayo maintained that he remains the authentic Edo State Deputy Governor and still performs his official duties as guaranteed by the Constitution of the Federal Republic of Nigeria.
The Deputy Governor, who spoke while receiving the leadership and members of the three recognised transport unions in Edo State who paid him a solidarity visit, namely the National Union of Road Transport Workers, NURTW; Road Transport Employers Association of Nigeria, RTEA, and Edo State Drivers Welfare Scheme, said that he was not distracted and remained focused on supporting his principal, Governor Godwin Obaseki, for the economic prosperity and transformation of Edo State.
