Justice James Omotosho of the Federal High Court in Abuja has reinstated Philip Shaibu as Deputy Governor of Edo State, Nigeria, months after he was removed from the position. In a judgment, Justice Omotosho declared that the impeachment by the Edo State House of Assembly was illegal and unconstitutional, stating it was in gross violation of the Constitution.
Aside from restoring Shaibu, the court also ordered that his salaries and allowances be paid to him from April, when he was impeached as deputy governor. The judge held that the impeachment process did not follow due constitutional procedure.
Meanwhile, the Edo State House of Assembly has appealed the judgment of the High Court and filed a motion for a stay of execution pending the appeal. The Assembly maintains that their actions were justified and that the High Court’s ruling will be contested in higher courts.
On April 8, 2024, the Edo State House of Assembly impeached Philip Shaibu following the adoption of the report by a seven-man investigative panel set up by the State Chief Judge to probe allegations of misconduct against the former deputy governor. The panel, headed by Justice S.A. Omonua (retd.), investigated allegations of perjury and leaking government secrets. Shaibu, however, refused to appear before the panel.
Shaibu was impeached by the vote of eighteen out of the nineteen Assembly members present at the plenary session, while one abstained. Following Shaibu’s impeachment, Governor Godwin Obaseki appointed Omobayo Marvellous Godwins as his deputy to complete his second tenure, which is set to lapse on November 11, 2024.
