Judiciary
A Federal High Court in Abuja has fixed Sept. 24 to hear the two separate motions filed by the Edo Government and the House of Assembly challenging the reinstatement of Philip Shaibu as deputy governor.
Justice James Omotosho fixed the date following two motions on notice filed by the state’s Attorney General (AG) and House of Assembly by their lawyers, Oluwole Iyamu, SAN, and Ken Mozia, SAN, respectively.
In the motion dated and filed July 18 by Iyamu, the AG sought two orders.
He prayed the court for an order “staying the execution of the judgment in Suit No. FHC/ABJ/CS/478/2024 Between RT. HON. COMRADE PHILIP SHAIBU v. INSPECTOR GENERAL OF POLICE AND 5 ORS delivered on the 17th day of July, 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.
Also in the motion dated and filed July 18 by Mozia, the Edo lawmakers sought an order suspending the judgment and restraining Shaibu from parading himself or attending any official function as deputy governor pending the hearing and determination of their appeal.
The applicants, in their grounds of argument, said being dissatisfied with the judgment, they had appealed against it vide a notice of appeal dated July 18 and filed same day.
“The said notice of appeal raises serious and arguable grounds.
“It raises the issue of the jurisdiction of this Honourable Court to entertain the subject matter of this suit,” they said.
They argued that their right of appeal would be stifled if the application was not granted.
The applicants said the smooth operation of the machinery of the state government would be impeded if Shaibu “is allowed to take over as the Deputy Governor of Edo State having regard to his recent open declaration of support for the rival political party (The All Progressives Congress).”
“Monetary damages would be an adequate compensation to the 1st respondent (Shaibu) should it turn out that this application ought not to have been granted,” they argued, among others grounds.
The News Agency of Nigeria (NAN) reports that Justice Omotosho had, on July 17, voided the impeachment of Shuaibu as the deputy governor of Edo.
Justice James Omotosho, in a judgment, ordered his reinstatement to office on the grounds that the house of assembly failed to comply with due process in the purported impeachment.
The judgment was on the suit marked: FHC/ABJ/CS/478/2024 with Shuaibu as the plaintiff.
The reinstated deputy governor had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the AG, Chief Judge of Edo, Speaker of Edo House of Assembly and the Edo State House of Assembly as 1st to 6th defendants respectively.
Justice Omotosho had held that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute a gross misconduct.(NAN)
A.I
July 25, 2024 @ 15: 08 GMT|
Tags: Justice James Omotosho Ken Mozia Oluwole Iyamu Philip Shaibu
