Edo Deputy Governor, Shaibu Drags Obaseki, EDHA, Chief Judge to Court Over Impeachment

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By Judicial Correspondent

The Deputy Governor of Edo State, Comrade Phillip Shaibu, has again dragged Governor Godwin Obaseki and the House of Assembly to court over the impeachment notice that was served on him.

Others joined in the suit with No. FHC/ABM/CS/321/2024 the Chief Judge of Edo State, the Speaker of Edo State House of Assembly, the Clerk of Edo State House of Assembly, Inspector General of Police and the Director General of State Security Security Service.

In the originating summons, brought in pursuant to Order 3 Rule 9 of the Federal High Court Civil procedure Rules 2019; Section 6 (6) (b) ; Section 36, Section 39 and 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as ammended); under the inherent jurisdiction of the Honourable Court, the Deputy Governor “claims to be aggreved and concerned with the adverse plans, actions and ongoing illegal activities of the Defendants in respect of undermining his office as Deputy Governor of Edo State…”

And consequent upon these, the Plainiff Comrade Shaibu listed some questions for the determination by the Court.

Fundamentally, the Plaintiff asked “whether as a democraticaly elected Deputy Covernor of Edo State in a joint ticket with the 2nd Defendant, the Plaintiff is not entitled to remain in office as such; freely exercise his rights, privileges and discharge his constitutional duties to the people of Edo State as Deputy Governor of Edo State within the full time allocated to the office by the Constitution of the Federall Republc of Nigena, 1999 (as Amended), without intimidation, threats of coerced resignation and/or illegal removal from office by the 3rd, 4th, 5th Defendants at the instigation/and support of the 1st and 2nd Defendants.”

The Plaintiff also asked, “whether under and by virtue of section 36(1) of the Constitution of the Federal Republic of Nigena (1999) as amended, the Plaintiff is not entiled to fair hearng from the Defendants in the determination of his civil rights and obligatons in relation to his offce as Deputy Governor of Edo State either generally or in the cause of the process of his removal from office.”

Lastly, “whether by the combined provisions of Sections 36 and 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), any process for the removal of a Deputy Governor of а State can be contemplated, construed and/or carried out without regard and adherence to the principles of fair hearing, due processes and express procedures as stipulated by the Constitution.”

Comrade Philip Shaibu, the Edo State Governor is seeking the following reliefs:
“Declaration that the office, tenure and status of the Plaintiff as the Deputy Governor of Edo State are creations and establishment of the Constitution by virtue of Sections 186 and187 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and the same cannot be tarpered with, altered, shortened, withdrawn or jeopardized by the Defendants except in a manner permitted by law.”

The Plaintiff has also asked for a Declaration that “as the Deputy Governor of Edo State, the office, tenure, status, rights and privileges of the Plaintif are protected, secured, guaranteed, governed and regulated under and by the relevant provisions such as sections,188,189,190 and 191 of the Constitution of the Federal Republic of Nigeria,1999(as Amended) and they are to be enjoyed by the Plaintiff without let or hindrance from the Defendants except and in a manner permitted by law.”

The Deputy Governor has asked for a Declaration “…that the dismissal of all the media team and press crew attached to the office of the Plaintiff as the Deputy Govemor of Edo State and the relocation of the Plaintiff from the Government House to an abandoned Govermment Property at No. 9, Osadebey Avenue, Benin City by the Iand 2nd Defendants without prior notice to the Plaintiff is unreasonable, vindictive, malicious, unconstitutional, illegal and null and void.

“A Declaration that as a democratically elected Deputy Governor of Edo State in a joint ticket with the 2nd Defendant, the Plaintiff is entitled to remain in office as such, freely exercise his rights and discharge his constitutional duties as Deputy Governor of Edo State within the full time allocated to the office by the Constitution of the Federal Republic of Nigeria 1999(As Amended).

“A Declaration that the Defendants are not entitled to take any steps in pursuit of the removal of the Plaintiff from his office as the Deputy Governor of Edo State in flagrant violation of his constitutional and fundamental rights.

“A Declaration that the 3rd – 5th Defendants are not entitled to constitute themselves into investigators, prosecutors and judge over a trumped-up allegations against the Plaintiff in relation to his office, tenure and status as the Deputy Governor of Edo State.”

In the circumstance, the Plaintiff pray the Court to grant the following reliefs: “an injunction restraining the Defendants and their agents, privies and representatives from interfering with, restricting, disempowering and/or preventing the Plaintiff from discharging his constitutional duties and functions as the duly elected Deputy Governor of Edo State in a joint and equal ticket with the 2nd Defendant, the Governor of Edo State.

“An Order forthwith reinstating/restoring the full and total rights and privileges attached or accruing to the office of the Plaintiff as duly elected Deputy Governor of Edo State which include, but not limited to the restoration of all media team, press crew attached to the office of the Plaintiff as Deputy Governor of Edo State and relocating the Plaintiff back to his Office within the Government House of the 1st Defendant.

“An Order setting aside any purported process or notice of any allegation of Gross Misconduct against the Plaintiff on the ground that such process or notice is a violation of Section 188 of the 1999 Constitution of the Federal Republic of Nigeria.”

The Plaintiff is represented by Prof.Oladoyin Awoyale, SAN of DOYIN AWOYALE SAN & CO.

The Court documents shared with Midwest Herald indicates that, Chief Judge has already been served with the processes, while other defendants – Edo State Government and Seven others were served through Edo State Government liaison office in Abuja as directed by the Federal High Court sitting in Abuja, and was received on March 18, 2024.

The hearing was fixed for today, March 19, 2024.