The retired Justice S.A. Omonuwa-led seven-man panel set up by the chief judge (CJ) of Edo State, Justice Daniel Okungbowa, to investigate allegations of gross misconduct against the embattled deputy governor, Comrade Philip Shaibu, has ruled that the panel would continue its investigation as there was no court order to the contrary.
The ruling came after the counsel to Shaibu, Professor Oladoyin Awoyale (SAN), raised an objection to the continuation of the investigation in view of the order of the Federal High Court, Abuja, which adjourned the case filed before it by Shaibu to April 8, 2024, for the parties in the matter to show cause why the court should grant or refuse the prayers for interlocutory injunction against the impeachment processes initiated by the Edo State House of Assembly against the deputy governor.
Justice Omonuwa in his ruling yesterday in Benin City, the state capital, said the Federal High Court in Abuja only asked parties to show cause.
The deputy clerk (Legal) of Edo State House of Assembly and counsel to the legislature, Ohiafi Joe, had argued that by virtue of the provisions of section 188 (10) of the Constitution of the Federal Republic of Nigeria (as mended), no court has the right to prevent a House of Assembly, or the panel so set up from performing its constitutional responsibilities.
Ohiafi said Awoyale must convince the panel that the provision of the constitution had been altered for the panel to sustain his argument.
In his ruling, Justice Omonuwa said the panel would continue its sitting and asked the Assembly to state its case.
Responding to the ruling, Awoyale told the panel that his client would not continue to participate in the investigation and sought the panel’s permission to be excused.
When asked whether he was waving his right to defend his client, the senior lawyer answered in the negative, stressing that parties must obey the court decision that they should appear before it to show cause.
Probed further if he was “arresting the ruling of the panel”, Awoyale answered again in the negative and reiterated the need to obey the court order which would be sitting on Monday, April 8, 2024.
