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Controversy Over Shaibu’s Appeal Court Ruling

Controversy Over Shaibu’s Appeal Court Ruling
  • PublishedAugust 21, 2024

A controversy has broken out following conflicting reports regarding the Court of Appeal’s decision on the impeachment of Philip Shaibu, the Deputy Governor of Edo State.

The confusion arose after initial reports suggested that the appellate court had upheld the Federal High Court in Abuja’s decision to quash Shaibu’s impeachment by the Edo State House of Assembly.

According to these early reports, the Court of Appeal had affirmed Justice James Omotosho’s ruling, which declared Shaibu’s impeachment void due to a lack of fair hearing and ordered his immediate reinstatement to office.

The court was also said to have set aside the appointment of Omobayo Godwins as the new Deputy Governor, further fueling the belief that Shaibu had secured a legal victory.

However, the situation took a dramatic turn when the Majority Leader of the Edo State House of Assembly, Hon. Charity Aiguobarueghian, refuted the reports, labeling them as false and misleading.

Aiguobarueghian clarified that the court had not made any final ruling on the substantive case regarding Shaibu’s impeachment and that the reported victory was based on a misunderstanding of the court’s actions.

Despite Aiguobarueghian’s denial, Shaibu and the All Progressives Congress (APC) went ahead to celebrate the purported ruling. Shaibu expressed his gratitude to God, the people of Edo State, and Nigerians, hailing the judgment as a triumph for democracy and the judiciary.

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The APC also welcomed the judgment, emphasizing that it highlighted the insensitivity of Governor Godwin Obaseki’s administration and its disregard for due process and the constitution.

A press statement by the state publicity secretary of the APC, Peter Uwadiae-igbinigie said, “This victory is a testament of the insensitivity of Governor Godwin Obaseki to due process and absolute regard to the Constitution of the Federal Republic of Nigeria which he swore to uphold.

“The APC Edo state chapter is proud that today, the Deputy Governor of the state has found it worthy to trace his political fame back to the party which has helped to galvanized and repositioned him as an icon of modern democracy which he has doggedly and gallantly fought for in Nigeria.

“While you journey through the remaining part of your tenure as an APC Deputy Governor, the party offers its sincere accolade of support and encouragement to doing that which you are well known for, that is upholding the genuine tenet of democracy which is sacrosanct in civilized climes.”

But Aiguobarueghian told Vanguard that “There was a suit instituted by Shaibu during the impeachment process to stop it, the case was before Justice Egwuatu, while the matter was ongoing, he was impeached and the new deputy governor applied to strike out the case that as deputy governor he is not interested in pursuing a case.

“Philip Shaibu went and filed a motion asking that his name as Philip Shiabu should be used instead deputy governor of Edo State, he also asked that the case should be converted from originating summons to writ of summons, the court granted both applications so it was that motion that the court granted that we went to the Court of Appeal for, it was an interlocutory appeal, we went to the Court of Appeal to challenge that order changing the name to Philip Shaibu, while all these were going on, he filed another suit in his own name and that suit was taken to the court of Justice Omotosho and Justice Omotosho on the 17th of July now declared him winner in the later suit that was filed in his name and Edo State House of Assembly filed an appeal against that judgment, the Attorney General of Edo State also filed another appeal against that judgment.

“All three appeals came up today (Tuesday) and we now withdrew the interlocutory appeal against Justice Egwuatu’s ruling, it is that ruling that he is now saying he won, meanwhile that ruling did not declare him the deputy governor.

“Against that substantive suit that Justice Omotosho declared him winner, the appeal processes were served on him in court today and he has five days to reply and we were given another five days to reply to his response. That is when the suit will now be taken and a decision will not be taken. The decision has not been taken on the impeachment case.”

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