The Court of Appeal sitting in Abuja recently delivered a decisive ruling affirming Philip Shaibu as the Deputy Governor of Edo State. This judgment, delivered on a Tuesday, dismissed an appeal filed by the Edo State House of Assembly that sought to uphold Shaibu’s impeachment, marking a significant legal victory for him. The court’s decision reinforces an earlier ruling by the Federal High Court, which had previously nullified the impeachment and ordered Shaibu’s reinstatement.
Shaibu’s impeachment occurred on April 8, 2024, following the adoption of a report from a seven-member investigative committee set up by Edo State Chief Judge, Justice Daniel Okungbowa. The panel, led by retired Justice S. A. Omonuwa, had investigated allegations of misconduct against Shaibu, including accusations of perjury and the disclosure of government secrets. Despite the panel finding Shaibu guilty of disclosing government secrets, it failed to establish the perjury charge. The Edo House of Assembly, therefore, proceeded with his removal from office.
In response to the impeachment, Shaibu challenged the decision in the Federal High Court in Abuja. On July 17, 2024, Justice James Omotosho of the Federal High Court ruled that Shaibu’s impeachment was legally untenable and politically motivated. The judge declared that the impeachment violated legal provisions and ordered Shaibu’s immediate reinstatement. Furthermore, Justice Omotosho mandated the Inspector-General of Police to ensure Shaibu’s security and directed that his salaries and allowances, which were withheld since his removal, be paid.
The Edo State House of Assembly subsequently appealed the Federal High Court’s judgment, seeking to uphold the impeachment. However, the Court of Appeal, in its recent judgment, affirmed the lower court’s decision, dismissing the assembly’s appeal. This ruling effectively restored Shaibu to his position as deputy governor and invalidated the appointment of Omobayo Godwin, who had been named as his replacement by the assembly.
The Court of Appeal’s decision was a clear endorsement of the Federal High Court’s earlier ruling and reinforced the legitimacy of Shaibu’s reinstatement. It also addressed the ongoing legal and political disputes surrounding his removal. Despite the court’s ruling, Shaibu had already resumed office before the appeal outcome, which led to accusations from the state government that he was impersonating Omabayo Godwins, the new appointee.
Shaibu responded to these accusations by condemning them as a direct affront to the judiciary and a violation of the trial court’s judgment. He argued that Omabayo Godwins was an appointee of Governor Godwin Obaseki and not a representative chosen by the electorate of Edo State. This response highlighted the contentious nature of the political struggle behind his impeachment and reinstatement.
In conclusion, the combination of the Federal High Court and Court of Appeal rulings has restored Philip Shaibu to his role as Deputy Governor of Edo State, addressing the legal and procedural issues surrounding his impeachment. The resolution of this case provides a critical reminder of the importance of adhering to legal standards and the role of the judiciary in resolving political conflicts.
SOURCES
- https://www.thecable.ng/appeal-court-affirms-philip-shaibus-reinstatement-as-edo-deputy-governor/amp/
- https://www.google.com/amp/s/punchng.com/appeal-court-affirms-philip-shaibu-as-edo-deputy-governor/%3famp
- https://www.premiumtimesng.com/news/top-news/726392-appeal-court-affirms-philip-shaibu-as-edo-deputy-governor.html
