Ben Ogbemudia, Abuja
The 7-man panel set up by Hon. Justice Daniel Okungbowa, the Chief Judge of Edo State to investigate the impeachment allegations against the Edo State Deputy Governor, Rt. Hon. Philip Shaibu on Wednesday in a ruling by the Chairman has decided to disobey an interlocutory order preventing the Chairman and three other members from participating in the impeachment proceedings on account of bias.
The suit was filed on behalf of the Deputy Governor by his legal team at the Federal High Court Abuja, and were able to secure the order to stop the panel Chairman and members from proceeding with their inaugural sitting.
Counsel to the Deputy Governor of Edo State, Comrade Philip Shaibu, advised the seven-man panel set up by the state Chief Judge, Justice Daniel Okungbowa, to obey the interlocutory order made by the Court.
The seven-man panel headed by retired Justice S. A. Omonuwa was set up by the Chief Judge to investigate the allegations of misconduct levelled against him by the Edo State House of Assembly.
Counsel for Shaibu in the matter in court, Professor Oladoyin Awoyale SAN, said the decision of the panel to continue with its inaugural proceedings amounts to deliberate act of disobedience of a court order and an attempt to foist a fait accompli on the court.
He hinged his stance on the order of a Federal High Court sitting in Abuja, which gave an interlocutory order for proceedings of the panel to abate pending the return date when the Chairman and 3 other members of the panel will show cause.
The court had adjourned the matter to April 8, 2024 for the Respondents to obey the order to show cause.
The deputy governor’s counsel further submitted that with the ruling of the Federal High Court Abuja, all parties must abide by the interlocutory order of the court, adding that continuing with the panel would amount to undermining the rule of law.
However, counsel to the House of Assembly, who is the Deputy Clerk, Legal Department, Joe Oaifi Esq, argued that the panel’s sitting was supported by Section 188 (10) of the 1999 Nigerian Constitution, as amended, which forecloses any court from preventing the House of Assembly and the panel from discharging their constitutional responsibilities.
The seven-man panel is headed by retired Justice S. A. Omonuwa, with six other members.
The panel’s Chairman had gone on a short adjournment to determine whether or not they will proceed in the light of the order of court preventing them from sitting.
In his ruling the Chairman agreed with the submission of the counsel for the House of Assembly and said the panel will proceed with its inaugural sitting.
Counsel for Shaibu had to excuse himself from the inaugural proceedings of the panel, in obedience of the order of court.
Justice I. E. Ekwo of the Federal High Court, Abuja had on Thursday the 28th of March 2024 ordered that all Parties in the suit No. FHC/ABJ/CS/405/3024 to show cause why the injunction to maintain status quo ante bellum, pending the hearing and determination of the Originating Motion on Notice Should not be granted.
The Honourable Judge consequently gave the Respondents, including the Chairman and three members members of the panel three days to respond to respond to the Order to show cause on the grant of the restraining order.
The case is between the Edo State Deputy Governor, Comrade Philip Shaibu and the Inspector General of Police, State Security Service, Hon. Justice S. A. Omonua (Rtd) , the chairman representing himself and the members of the panel of seven appointed the by 4th defendant, Edo State Chief Judge and the House of Assembly.
THE ORDER:
” UPON THE MOTION EX-PARTE dated 26th March ,2024 and filed 27th March, 2024 praying the following Orders:
AN INTERLOCUTORY ORDER OF THIS
HONOURABLE COURT FOR THE
RESPONDENTS, their assigns, agents and however so-called to SHOW CAUSE on the “return day” why relief two (2) of this Motion should not be granted in favour of the Applicant
” AN ORDER OF THIS HONOURABLE COURT DIRECTING all Parties in this suit to maintain status quo ante bellum, pending the hearing and determination of the Originating Motion on Notice
Hon. Justice I. E. Ekwo Judge
ORDER EX PARTE IN THE DEPUTY GOV, OF EDO STATE v. I.G.P. & 7 ORS
FHC/ABJ/CS/405/2024. AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances of this case.
“UPON READING the affidavit in support of the application deposed to by Elsie Esosa, Adult, Female, Christian, Nigerian citizen of suite BID, First Floor, KFC Building, Aminu Kano Crescent, Wuse 2, Abuja and filed in the Registry of this Court.
AND AFTER HEARING A. A. Emwanta, Esq., of Counsel for the Applicant move in terms of the Motion paper. And the Court having granted the application.
IT IS HEREBY ORDERED AS FOLLOWS:
Hon. Justice I. E. Ekwo Judge
Order is hereby made for the Respondents, their Assigns, Agents and whosoever to show cause on the next date of hearing why relief two (2) of this Motion should not be granted in favour of the Applicant.
“Applicant is hereby ordered to serve the Respondents with all processes in this suit within 4 days of this Order.
” Respondents are hereby ordered to show cause on the next date of hearing.
“Case adjourned to 8th April, 2024 for Respondents to show cause.
ISSUED AT ABUJA, under the hand of the Presiding Judge, Hon. Justice I. E. Ekwo, and seal of the Court this 28th day of March, 2024.”
Justice I. E. Ekwo of the Federal High Court, Abuja had on Thursday the 28th of March 2024 ordered that all Parties in the suit No. FHC/ABJ/CS/405/3024 to show cause why the injunction to maintain status quo ante bellum, pending the hearing and determination of the Originating Motion on Notice Should not be granted. The Honourable Judge consequently gave the Respondents, including the Chairman and three members members of the panel three days to respond to respond to th
The case is between the Edo state Deputy Governor, Comrade Philip Shaibu and the Inspector General of Police, State Security Service, Hon. Justice S. A. Omonua (Rtd) , the chairman representing himself and the members of the panel of seven appointed the by 4th defendant, Edo state chief judge and the House of Assembly.
THE ORDER:
” UPON THE MOTION EX-PARTE dated 26th March ,2024 and filed 27th March, 2024 praying the following Orders:
AN INTERLOCUTORY ORDER OF THIS
HONOURABLE COURT FOR THE
RESPONDENTS, their assigns, agents and however so-called to SHOW CAUSE on the “return day” why relief two (2) of this Motion should not be granted in favour of the Applicant
” AN ORDER OF THIS HONOURABLE COURT DIRECTING all Parties in this suit to maintain status quo ante bellum, pending the hearing and determination of the Originating Motion on Notice
Hon. Justice I. E. Ekwo Judge
ORDER EX PARTE IN THE DEPUTY GOV, OF EDO STATE v. I.G.P. & 7 ORS
FHC/ABJ/CS/405/2024. AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances of this case.
“UPON READING the affidavit in support of the application deposed to by Elsie Esosa, Adult, Female, Christian, Nigerian citizen of suite BID, First Floor, KFC Building, Aminu Kano Crescent, Wuse 2, Abuja and filed in the Registry of this Court.
AND AFTER HEARING A. A. Emwanta, Esq., of Counsel for the Applicant move in terms of the Motion paper. And the Court having granted the application.
IT IS HEREBY ORDERED AS FOLLOWS:
Hon. Justice I. E. Ekwo Judge
Order is hereby made for the Respondents, their Assigns, Agents and whosoever to show cause on the next date of hearing why relief two (2) of this Motion should not be granted in favour of the Applicant.
“Applicant is hereby ordered to serve the Respondents with all processes in this suit within 4 days of this Order.
” Respondents are hereby ordered to show cause on the next date of hearing.
“Case adjourned to 8th April, 2024 for Respondents to show cause.
ISSUED AT ABUJA, under the hand of the Presiding Judge, Hon. Justice I. E. Ekwo, and seal of the Court this 28th day of March, 2024.”