THE seven-man panel set up by the Chief Judge (CJ) of Edo State, Justice Daniel Okungbowa, to investigate the impeachment petition against the Deputy Governor, Philip Shaibu, has commenced sitting with all members of the panel present.
The CJ, in line with the March 6 resolution and directive of the state House of Assembly, had on March 22, constituted the panel, which comprises Justice S.A. Omonuwa (rtd) as Chairman; Prof. Theresa Akpoghome; Oghogho Ayodele Oviasu; Andrew Oliha; Idris Abdulkareen; President Aigbokhian and Mariam Erakhoba Ilavbare.
The House of Assembly had on March 6 served impeachment notice on Shaibu over alleged misconduct and perjury.
At the start of sitting, Shaibu was represented by Prof. Oladoyin Awoyale (SAN), while Joe Ohiafi, Deputy Clerk, represented the House of Assembly.
Awoyale, in his submission, said a Federal High Court, Abuja, presided over by Justice J.E. Ekwo had ordered the panel to show cause why an interlocutory injunction to maintain status quo, pending the determination of the case, should not be granted to the plaintiff (Shaibu).
He said the order was given March 28, while the case was adjourned until April 8.
While cited several cases, including those delivered by the Supreme Court Justices, Awoyale said an order of a competent court is binding on all parties, noting that in line with the said order, his client would not be able to participate in the panel’s proceedings until the court decides in favour or otherwise.
“I submit respectfully that further taking part in this proceeding will amount to fait acompli, a situation of hopelessness,” he said, urging the panel to wait for the court’s decision slated for the adjournment day.
But Ohiafi urged the panel to overrule the submission, saying that in line with Section 188 subsection 10 of the 1999 Constitution (as amended), no court can invalidate the panel.
He stressed that the panel is ordered to carry out its proceedings in line with Section 188 subsection 10 of the Constitution (as amended), saying that by the section of the constitution, no proceedings or determination of the panel of this nature set up by the House of Assembly shall be quashed by any court.
He insisted that the panel is sui generic and cannot be frustrated by anybody.
The panel, sitting at the Judges Conference Room, New High Court Complex, Benin City, thereafter adjourned to deliver ruling on Awoyale’s submission.
At the resumed hearing on Wednesday, April 3, the panel ruled that it will continue its investigation, as there was no court order stopping it.
Justice Omonuwa, while delivering the ruling, said the Federal High Court in Abuja only asked parties to come and show cause, and asked the House of Assembly to state its case.
Following the ruling, Awoyale told the panel that his client would not be able to continue to participate in the investigation and sought its permission to be excused.
When asked whether he was waving his right to defend his client, the senior Counsel answered in the negative, stressing that parties must obey the court decision to appear before it to show cause on April 8.
