Justice James Omotoso of a Federal High Court in Abuja has refused to stop the alleged impeachment move against the incumbent Edo State Deputy Governor, Mr Phillip Shaibu by the State House of Assembly.
During Wednesday’s proceedings on the matter, Shuaibu’s 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 Justice Omotoso.
Shaibu through his lawyer, Professor Olawoyin Awoyale (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.
The senior lawyer, while urging the court to issue the order, cited an authority to back up the application.
But, 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 move have not been served with the originating summons filed by the plaintiff as required by law.
However, the Judge granted the request that the Edo State Governor and the State House of Assembly be served with the originating summons by substituted means.
Justice Omotoso specifically ordered that the court processes be posted conspicuously at the entrance gate of the Edo State Government House and the gate of the State House of Assembly Complex both in Benin.
The Judge also directed that all court papers be served on parties in the matter with the use of a registered Courier Company and adjourned till April 15 for hearing of the case.
Shaibu, in his motion marked FHC/ABJ/CS/321/2024, joined 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 as the 1st to 8th defendants.
The deputy governor, in the suit, seeks an order of the court restricting the 3rd to 5th defendants from commencing any process by issuing a notice of allegation, holding proceedings, or setting up any panel of investigation for his removal pending the hearing of a motion on notice.
He is also seeking 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 being sought by Shaibu are, “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”.
