Justice James Omotosho of the Federal High Court in Abuja has reinstated Philip Shaibu as the Deputy Governor of Edo State, months after he was impeached by the state assembly, but that government has filed a stay of its execution, while appealing the judgement.
Contrary to the Shaibu-favouring ruling by the Abuja court, Edo State’s Commissioner for Orientation and Communication, Chris Nehikhare, said Godwins Omobayo would continue as Deputy Governor.
Until his impeachment in April, Shaibu was supposed to end his two-term tenure as Deputy Governor in November 2024.
On the judgement of Wednesday, Information Commissioner Nehikhare said: “Pending the appeal hearing, Omobayo remains and continues to serve as the valid Deputy Governor of Edo State.”
In the Wednesday judgment, Justice Omotoso declared the impeachment by the Edo State House of Assembly as illegal, unconstitutional, null, and void.
The court held that the said impeachment was in gross violation of the provisions of both Sections 188 and 35 of the 1999 Constitution, as amended.
Aside from restoring Shaibu, the court also ordered that his salaries and allowances should be paid to him from April when he was impeached.
The court issued an order of perpetual injunction restraining Governor Godwin Obaseki and the Edo State House of Assembly from stopping Shaibu from performing the functions of his office.
Justice Omotosho also ordered the Inspector General of Police (IGP) Kayode Egbetokun to restore the politician’s security detail.
Meanwhile, the Edo State House of Assembly has appealed the judgement of the High Court and has filed a motion for a stay of execution pending appeal.
Wednesday’s verdict came about three months after the lawmakers impeached the embattled 54-year-old as the state’s Deputy Governor.
Following a long-drawn battle between Shaibu and Governor Godwin Obaseki, the House conducted investigations that found Shaibu guilty of disclosure of government secrets.
A seven-man panel of the Edo State Assembly recommended his impeachment.
Of the 19 members present at plenary, 18 voted for Shaibu’s impeachment.
He was replaced on by Omobayo Godwins, 37, on April 8, 2024.
The Chief Judge of Edo State Justice Daniel Okungbowa swore him in around 1:40 pm on the same day.
Shaibu and Obaseki had been in months of battle which has seen accusations, counter-accusations, apologies, and court cases, all of which were believed to be the aftermath of the duo’s strained relationship owing to Shaibu’s plans to contest the Edo State governorship poll.
He contested the PDP governorship primary and declared himself a winner in a parallel poll. However, businessman Asue Ighodalo was declared as the party’s flagbearer for the exercise.
