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Shaibu Impeachment: Court Refuses To Stop Process

Published:

*Adjourns Hearing Of Suit Until April 15

THE Federal High Court in Abuja, presided over by Justice James Omotosho, has declined the request to stop the impeachment move against Edo State Deputy Governor, Phillip Shaibu, by the House of Assembly.

Shaibu through his lawyer, Professor Olawoyin Awoyale (SAN), had orally requested an order of status quo to be maintained by parties, pending the hearing and determination of his motion on notice.

But Justice Omotosho held that the cited authority was not applicable in Shaibu’s case, because the governor of Edo State and the Edo State House of Assembly, who are the principal actors in the impeachment bid, had not been served with the originating summons of the suit, as required by law.

He, however, granted the request that the Edo State Governor and the Assembly be served with the originating summons by substituted means, specifically by pasting the court process at the entrance gate of Government House and the gate of the Assembly Complex, both in Benin City.

The Judge also directed that all court papers be served on parties in the matter with the use of a registered courier company.

He subsequently fixed April 15 for hearing of the case.

Shaibu, who was in the courtroom throughout the proceedings, declined to speak with journalists.

In the suit marked, FHC/ABJ/CS/321/2024, the Edo State Government, Edo State Governor, Edo State House of Assembly, Edo State House of Assembly Speaker, Clerk of the Assembly, Chief Judge of Edo State, Inspector General of Police IGP and Director General of the Department of State Service (DSS) were listed as the first to eighth defendants.

    Shaibu, in the suit, is seeking an order of the court restricting the third to fifth defendants from commencing any process by issuing a notice of allegation, holding proceedings or setting up any panel of investigation for his removal, pending the hearing of a motion on notice.

    He is also seeking an interim injunction restraining the defendants, whether by themselves or their agents, from interfering with the subject matter of the originating summons filed in the suit, either by way of taking any adverse actions in relation to any attempt or process targeted at his removal from office as the deputy governor of Edo State, pending the hearing of the motion on notice, among others.

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