Justice James Omotosho of the Federal High Court in Abuja has reinstated Philip Shaibu as the Deputy Governor of Edo State, months after his impeachment by the state assembly. In a judgment delivered on Wednesday, Justice Omotosho declared the impeachment by the Edo State House of Assembly as illegal, unconstitutional, null, and void.
The court found that the impeachment was a gross violation of Sections 188 and 35 of the 1999 Constitution, as amended. Justice Omotosho emphasized that the impeachment did not comply with constitutional provisions, rendering the entire process unconstitutional.
In addition to reinstating Shaibu, the court ordered that all his salaries and allowances, withheld since April when he was impeached, be paid to him. Furthermore, the court issued a perpetual injunction restraining Governor Godwin Obaseki and the Edo State House of Assembly from preventing Shaibu from performing his duties as deputy governor.
Justice Omotosho also directed Inspector General of Police Kayode Egbetokun to restore Shaibu’s security details.
The ruling comes three months after the Edo State House of Assembly impeached Shaibu following allegations of disclosing government secrets. The seven-man panel set up by the assembly recommended his impeachment, which was subsequently upheld by 18 out of 19 members present during the plenary session.
In response to the High Court’s decision, the Edo State House of Assembly has appealed the judgment and filed a motion for a stay of execution pending the outcome of the appeal.