Appeal Court Affirms Philip Shaibu’s Reinstatement as Edo Deputy Governor
Lawyard is a legal media and services platform that provides…
The Abuja Division of the Court of Appeal has upheld the reinstatement of Philip Shaibu as the Deputy Governor of Edo State.
In a ruling on Tuesday, the appellate court dismissed the appeal by the Edo State House of Assembly challenging the judgment of the Federal High Court, Abuja, which had reinstated Shaibu for lack of merit.
The three-man panel added that the lower court was right to reinstate Shaibu as Edo Deputy Governor.
Recall that Justice James Omotosho of the Federal High Court, Abuja, had on July 17, reinstated Philip Shaibu as the Deputy Governor of Edo State.
Delivering judgment on a suit by the embattled Deputy Governor challenging his impeachment by the Edo State House of Assembly, Justice Omotosho voided
Shaibu’s sack as Deputy Governor on the ground that his impeachment and subsequent removal from office breached the provisions of the law.
By declaring the removal of Shaibu as “unlawful”, the Judge ordered that he be reinstated as the deputy governor of Edo State.
Consequently, the court ordered the Inspector General of Police to restore the deputy governor’s security details
Declaring the removal as illegal, unconstitutional, null, and void, the court held that the purported impeachment violated Sections 188 and 35 of the 1999 constitution, as amended.
Consequently, Justice Omotosho ordered that all his salaries, allowances, and benefits be paid to him from April 8, when he was illegally impeached, until the expiration of his tenure.
More so, the court issued an order of perpetual injunction restraining Governor Godwin Obaseki and the Edo State House of Assembly from impeding Shaibu from performing his functions as deputy governor.
The court stated that the rationale behind the deputy governor’s impeachment as tendered by the Edo Assembly was “lame and smacked of an ochestrated political vendetta”.
The Edo State House of Assembly impeached Shaibu for alleged gross misconduct on April 8.
This followed the adoption of the report of a seven-man committee set up by the state chief judge, Justice Daniel Okungbowa, to investigate allegations against the deputy governor.
Lawyard is a legal media and services platform that provides enlightenment and access to legal services to members of the public (individuals and businesses) while also availing lawyers of needed information on new trends and resources in various areas of practice.