The Abuja Division of the Federal High Court has fixed September 24 to hear the two separate motions filed by the Edo government and the House of Assembly challenging the reinstatement of Philip Shaibu as deputy governor.

Justice James Omotosho fixed the date following two motions on notice filed by the Edo attorney general and the state parliament by their lawyers, Oluwole Iyamu and Ken Mozia, respectively.

The attorney general sought two orders in the motion dated and filed on July 18 by Iyamu. He prayed the court for an order “staying the execution of the judgment in Suit No. FHC/ABJ/CS/478/2024 Between RT. HON. COMRADE PHILIP SHAIBU v. INSPECTOR GENERAL OF POLICE AND 5 ORS delivered on the 17th day of July 2024, pending the determination of the appeal filed against the said judgment.”

He also sought an order of injunction restraining the respondents from giving effect to the July 17 judgment pending the hearing and determination of the appeal.

Also, in the motion dated and filed July 18 by Mr Mozia, the Edo lawmakers sought an order suspending the judgment and restraining Mr Shaibu from parading himself or attending any official function as deputy governor pending the hearing and determination of their appeal.

On their grounds of argument, the applicants said that being dissatisfied with the judgment, they had appealed against it via a notice of appeal dated July 18 and filed the same day.

“The said notice of appeal raises serious and arguable grounds. It raises the issue of the jurisdiction of this honourable court to entertain the subject matter of this suit,” they said.

They argued that their right of appeal would be stifled if the application was not granted. 

The applicants said the smooth operation of the machinery of the state government would be impeded if Mr Shaibu “is allowed to take over as the Deputy Governor of Edo State having regard to his recent open declaration of support for the rival political party (The All Progressives Congress).”

“Monetary damages would be an adequate compensation to the 1st respondent (Shaibu) should it turn out that this application ought not to have been granted,” they argued, among other grounds.

Justice James Omotosho had, on July 17, voided the impeachment of Shuaibu as the deputy governor of Edo. In a judgment, ordered his reinstatement to office on the grounds that the parliament failed to comply with due process in the purported impeachment.

The judgment was on the suit marked FHC/ABJ/CS/478/2024, with Mr Shuaibu as the plaintiff.

The reinstated deputy governor had sued the inspector general of police, the deputy governor, the attorney general, the chief judge of Edo, the speaker of Edo parliament and the Edo assembly as first to sixth defendants, respectively.

Justice Omotosho had held that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute gross misconduct.

(NAN)