A Federal High Court in Abuja has scheduled a hearing for September 24 to address two motions challenging the reinstatement of Philip Shaibu as the Deputy Governor of Edo State. The motions were filed separately by the Edo State Government and the Edo House of Assembly.
Justice James Omotosho set the date following the submission of motions by the Attorney General of Edo State, Oluwole Iyamu, SAN, and the legal representative for the Edo House of Assembly, Ken Mozia, SAN.
On July 18, Mr. Iyamu filed a motion requesting two specific orders: a stay of execution on the July 17 judgment that reinstated Mr. Shaibu, pending an appeal, and an injunction to prevent the implementation of the judgment until the appeal is resolved.
Similarly, Mr. Mozia’s motion, also filed on July 18, sought an order to suspend the judgment and restrain Mr. Shaibu from performing any official duties as deputy governor until their appeal is heard and determined.
The applicants argued that they were dissatisfied with the judgment and had filed a notice of appeal on July 18, which they claim raises significant and arguable points, particularly concerning the court’s jurisdiction over the matter.
They contended that their right to appeal would be compromised if the application was not granted, and allowing Mr. Shaibu to resume his position would disrupt the state’s government operations. They highlighted Mr. Shaibu’s recent public support for the All Progressives Congress (APC) as a potential conflict. The applicants also noted that monetary damages could adequately compensate Mr. Shaibu if it was later determined that the application should not have been granted.
Justice Omotosho had initially ruled on July 17 that the impeachment of Mr. Shaibu was invalid, citing the Edo House of Assembly’s failure to follow due process. The judge ordered Shaibu’s reinstatement, noting that the allegations leading to his impeachment did not legally constitute gross misconduct.
Philip Shaibu had filed a lawsuit against several parties, including the inspector-general of police, the attorney-general, the chief judge of Edo, the speaker of the Edo House of Assembly, and the Edo State House of Assembly, which resulted in the July 17 judgment favoring his reinstatement.
As the September 24 hearing approaches, all eyes will be on the Federal High Court in Abuja to see how the legal battle over the deputy governorship of Edo State unfolds.
