The Federal High Court in Abuja has reinstated Philip Shaibu as the Deputy Governor of Edo State. This decision comes 16 weeks after his controversial impeachment by the Edo State House of Assembly.
The court, presided over by Hon. Justice James Omotosho, ruled that Shaibu’s removal and the appointment of Omobayo Godwins as his replacement were illegal, unconstitutional, null, and void.
Shaibu’s impeachment in April followed a report by a seven-man investigative panel set up by the state Chief Judge to probe allegations of misconduct against him. The panel, headed by Justice S.A. Omonua (retd.), concluded its proceedings without Shaibu’s appearance, as he failed to defend himself against allegations of perjury and leaking government secrets.
The 24 member Edo state assembly, which served as the petitioner, opened and closed its case, leading to Shaibu’s impeachment, with 18 out of 20 members voting in favor.
However, the Federal High Court has now declared that the impeachment process violated the procedural requirements laid out in Section 188 (1) to (9) of the Nigerian Constitution.
The court referenced the Supreme Court’s decision in Inakoju v. Adeleke (2007), emphasizing that the impeachment was politically motivated due to Shaibu’s gubernatorial ambitions.
Justice Omotosho noted several procedural breaches in the impeachment process. The court held that the ouster clause in Section 188(10), which limits judicial intervention in impeachment cases, is not standalone. This clause cannot be invoked to shield unlawful actions from judicial scrutiny.
Consequently, the court ordered the Inspector General of Police to immediately restore Shaibu’s security details as Deputy Governor.
The reinstatement of Shaibu poses significant political challenges for outgoing Governor Godwin Obaseki. The strained relationship between the Governor and his Deputy, stemming from Obaseki’s lack of support for Shaibu’s gubernatorial bid, is believed to have led to the impeachment plot.
Now the court’s decision not only restores Shaibu to his position but also underscores the political motivations behind his removal and outs Governor Obaseki in a critical situation: whether to accept the court’s ruling and work with Shaibu or explore other legal and political avenues to challenge the reinstatement. The Governor can appeal the decision, though this could further escalate tensions in the state’s political landscape.
The Edo State House of Assembly, played a pivotal role in Shaibu’s impeachment, and must now navigate the court’s reinstatement order. The Assembly can support the Governor’s potential appeal or take steps to comply with the court’s ruling and reintegrate Shaibu into the state’s executive functions. This situation will test the Assembly’s commitment to constitutional processes and the rule of law.
Supporters of Shaibu have celebrated the court’s verdict, viewing it as a victory for justice and constitutional governance. Chief Dan Osi Orbih, PDP National Vice-Chairman, South-South, expressed his delight at the judgment, urging Shaibu to use his office to advance governance programs and policies.
As Shaibu resumes his duties, the focus will be on how both he and Governor Obaseki manage their working relationship in the remaining months of their tenure. The decisions and actions of Governor Obaseki, the State Assembly, and other political stakeholders in the coming weeks will be crucial in shaping the state’s governance.