Impeachment: Court Fixes April 19 To Hear Shaibu’s Suit Against Edo Assembly, Others

The Federal High Court in Abuja has fixed April 19 for the hearing of a suit filed by the impeached Edo deputy governor, Philip Shaibu, against the state house of assembly and others.
The matter, before Justice Inyang Ekwo, was on Friday fixed for hearing after a team of lawyers, including Alex Ejesieme, SAN, showed up to seek a date for the case.

The suit marked FHC/ABJ/CS/405/24 was not listed on the cause list; the lawyers, who said they were for the defence, came to the court.
Shortly before the judge rose, one of the lawyers told Justice Ekwo that the matter was scheduled for Thursday, but due to the public holiday, the court did not sit.

“So in obedience to court, we came today,” he said.

But Justice Ekwo, who held that he could not preside over a matter not in the file, directed them to liaise with the court registrar for the next adjourned date.

The matter was consequently fixed for a hearing on April 19.

In the suit dated March 26 but filed on March 27, Mr Shaibu sued the Inspector-General of Police and the State Security Service (SSS) as the first and second respondents.

He also joined Hon. Justice S.A. Omonua (rtd.), the chairman representing himself and members of the panel of seven appointed by the fourth defendant, the chief judge of Edo, and Theresa Akpoghome as the third to fifth respondents.

Mr Shaibu, in the suit filed by O.A. Gbadamosi, SAN, also listed President Aigbokhian, Oghogho Ayodele Oviasu and the Edo State House of Assembly as sixth to eighth respondents, respectively.

In the originating motion on notice, he sought a declaration that the threat and failure of the third to eighth respondents to give him a fair hearing in the impeachment proceedings commenced by the eighth respondent is illegal, unconstitutional, and a gross violation of his fundamental right to a fair hearing, pursuant to section 36 of the 1999 Constitution, as amended.

He sought a declaration that the eighth respondent (assembly) ‘s failure to serve the purported impeachment notice on him personally and on each member of the House of Assembly, in line with section 188(2) of the 1999 Constitution, violates his right to a fair hearing.

Mr Shaibu also sought a declaration that the inclusion of the third, fifth, sixth and seventh respondents as chairman and members of the seven-member investigation panel to investigate allegations contained in a purported impeachment notice to the applicant is tainted by a reasonable likelihood of bias and will result in a violation of the applicant’s fundamental right to a fair hearing, guaranteed under section 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”

He sought an order directing the respondents to refrain from further violating his fundamental right to a fair hearing, guaranteed by section 36 of the 1999 Constitution.

He also sought an order directing the third, fifth, sixth and seventh respondents to recuse themselves from sitting as chairman and members of the seven-man panel appointed by the third respondent, on account of the likelihood of bias on their part against him, among other reliefs.

Giving seven grounds of argument, Mr Shaibu averred that he had never been confronted with any such notice or allegations of misconduct or abuse of office or any allegations at all, whether as deputy governor or acting governor.

He said he had not been served with any letter/notice as required by Section 188(2) of the 1999 Constitution, as amended, and the assembly had accorded no privilege him to provide answers to any purported allegations to warrant a process targeted at his removal from office as deputy governor.

“The third respondent via a letter dated March 25, 2024 was appointed by the fourth respondent as the chairman of a panel of seven persons to investigate the allegations contained in a purported impeachment notice, which is yet to be personally served on the applicant.

“The third respondent is a retired judicial officer and community leader from Esan North East Local Government Area of Edo Central Senatorial District, where there is strong clamour against the gubernatorial ambition of the applicant.

“The third respondent appears to have been given the hatchet job of recommending the applicant’s removal from office to weaken his political ambition of becoming governor of Edo State.

“The fourth respondent, being a protégé of the third respondent, appointed him as chairman of the Investigating Panel, when other persons he offered the same appointment rejected it because it was a politically motivated job,” he said, among other grounds.

On Monday, Mr Shaibu was impeached by the state’s House of Assembly after the panel found him guilty of perjury and leaking government secrets.

The

retired Justice Omonuwa-led panel, which had its inaugural sitting on April 3 in Benin, ended its sitting on April 5, with Mr Shaibu or his counsel failing to show up.