Justice James Omotosho of a Federal High Court in Abuja has turned down a request to stop the impeachment proceedings against the incumbent Edo State deputy governor, Mr Phillip Shaibu, by the State House of Assembly.
His request for an order of status quo to be maintained by the House of Assembly and others involved in the impeachment saga was turned down by the court.
Shaibu, through his lawyer, Professor Olawoyin Awoyale, a Senior Advocate of Nigeria (SAN), had orally requested for an order of status quo to be maintained by parties pending the hearing and determination of his motion on notice.
However, Justice Omotoso held that the cited authority was not applicable in Shaibu’s case because the Governor of Edo State and the Edo State House of Assembly who are the principal actors in the impeachment bid have not been served with the originating summons of the suit as required by law.
The Judge, however, granted the request that the Edo State governor and the State House of Assembly be served with the originating summons by substituted means.
Specifically, Justice Omotoso ordered that the court process be pasted at the entrance gate of the Edo State Government House and the gate of the State House of Assembly Complex both in Benin City, Edo State capital.
Besides, the Judge also directed that all court papers be served on parties in the matter with the use of a registered courier company.
Justice Omotoso subsequently fixed April 15 for hearing of the case.
The deputy governor, Phillip Shaibu, who was in the courtroom throughout the Wednesday’s proceedings, declined to speak with journalists after the court sitting.
In the motion marked FHC/ABJ/CS/321/2024, the Edo State Government, Edo State governor, Edo State House of Assembly, Edo State House of Assembly Speaker, the Clerk of the Assembly, the Chief Judge of Edo State, Inspector General of Police (IGP) and Director General of the Department of State Services (DSS) were listed as the first to eighth defendants.
Shaibu, in the suit, sought an order of the court restricting the third to fifth defendants from commencing any process by issuing a notice of impeachment, holding proceedings, or setting up any panel of investigation for his removal pending the hearing of a motion on notice.
He also sought an interim injunction restraining the defendants, whether by themselves or their agents, from interfering with the subject matter of the originating summons filed in the suit either by way of taking any adverse actions in relation to any attempt or process targeted at his removal from office as the deputy governor of Edo State pending the hearing of the motion on notice.
Other reliefs sought were: “An order of interim injunction restraining the 1st to 8th defendants, whether by themselves, their agents, privies, servants, officials, representatives, and or any other person or authority acting through them, from preventing the plaintiff either by threat of removal from office or adverse actions capable of hindering the plaintiff from performing his official duties and discharging his responsibilities as the Deputy Governor of Edo State, including attending State Executive Council meetings, functions and other duties.
“An order of interim injunction directing the defendants herein jointly, whether by themselves, their agents, privies, servants, officials, representatives, or any other person or authority acting through them, to maintain status quo ante bellum prevailing before the issuance of the purported notice or petition to commence removal of the Plaintiff from office pending the hearing and the final determination of the motion on notice.”
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