On Tuesday, the Federal High Court in Abuja, presided over by Justice James Omotosho, dismissed two motions filed by the Edo State Government and the State House of Assembly, seeking to halt the reinstatement of Philip Shaibu as the Deputy Governor of Edo State. In addition, the court imposed a total fine of ₦400,000 on the state authorities.
The fine, according to the court, is to be paid by both the State Attorney-General and the State House of Assembly as compensation for filing motions that attempted to delay Shaibu from enjoying the legal victory he secured.
Justice Omotosho emphasized that his ruling from July 17, which declared Shaibu’s impeachment void and ordered his reinstatement, remained firm and that no further stay of execution could be entertained.
Withdrawal of Motions
Counsel for the Attorney-General, Marvin Omorogbe, and Sonia Egbunia, representing the Edo State House of Assembly, both moved to withdraw their respective motions for a stay of execution.
The motions were initially filed on July 18 and 19. Egbunia explained that the move to withdraw followed the transmission of the record of appeal to the Court of Appeal.
Despite this, they did not receive relief from Shaibu’s legal team, as his counsel, Reuben Egwuaba, urged the court to impose a significant fine on the applicants.
Egwuaba argued, “We are not objecting to the application for withdrawal; however, we are asking for a cost of ₦50 million each. Our reason for the substantial cost is that the order of your Lordship on July 17 is so clear and it was a declaratory order.”
He further asserted that both the Attorney-General and the House of Assembly were fully aware that a stay of execution could not be granted in this situation and that the motions were simply an attempt to interfere with justice.
He pointed out that their actions effectively delayed Shaibu from reaping the benefits of his judicial win.
“We urge you to grant our prayer,” Egwuaba concluded, appealing to the court to impose financial penalties on the applicants.
Court’s Ruling
In his ruling, Justice Omotosho refused the application for a stay of execution, stating that the court had already issued a clear judgment reinstating Shaibu to his position as Deputy Governor.
He went on to strike out the motions and awarded ₦200,000 each in costs against the applicants, the Attorney-General, and the State Assembly.
The judge reaffirmed his July 17 decision, which voided Shaibu’s impeachment, citing procedural flaws in how the Edo State House of Assembly handled the process.
He noted that the Assembly had failed to adhere to due process during the impeachment proceedings and that the allegations of misconduct against Shaibu did not hold up legally.
Shaibu’s Victory and the Road Ahead
The July 17 ruling marked a significant victory for Shaibu, with Justice Omotosho ordering his reinstatement to the office of Deputy Governor. The court found that the allegations put forth by the Edo State House of Assembly as grounds for Shaibu’s impeachment were legally insufficient to justify such an extreme measure. The court ruled that the claims did not amount to “gross misconduct,” the standard required for impeachment under Nigerian law.
This ruling, and the subsequent dismissal of motions to block Shaibu’s reinstatement, represent key legal milestones in the political saga that has unfolded in Edo State.
With the Court of Appeal now in possession of the record, the next steps in the case will likely play out at the appellate level, but Shaibu remains, as of now, securely in his role as Deputy Governor.
