Justice Ahmed Mohammed of the Federal High Court in Abuja has temporarily stopped the move by Edo State Governor Godwin Obaseki to impeach his Deputy, Hon Phillip Shaibu, following their irreconcilable differences.
Justice Mohammed gave the temporary order while ruling in an ex-parte application by Shaibu, asking the court to stop the move by Obaseki to ease him out of office.
In his ruling over the matter, Justice Mohammed directed the parties in the suit to maintain the status quo, pending the determination of the substantive suit.
The judge added that the order for the status quo is to be in force till the time Obaseki and other defendants shall show cause as directed in another ruling of the court made on July 27, 2023.
Justice Mohammed later adjourned the hearing in the matter till August 10 and ordered that the Inspector General of Police (IGP), Department of State Services (DSS) and Obaseki, who were not represented in court be served with hearing notices.
Shaibu had in his originating summons, urged the court to determine whether, in view of the provisions of sections 186 and 193 of the 1999 Constitution (as amended), Governor Obaseki has the power to instigate the IGP and DSS to harass, and prevent him from accessing his office to carry out his constitutionally guaranteed duties.
The Edo Deputy Governor also asked the court to ascertain whether the governor has the power to instigate the Speaker and the Chief Judge to commence impeachment proceedings against him with a view to remove him from office on any other ground other than allegations of misconduct as contained in section 188 of the 1999 Constitution.
Shaibu further urged the court to decide whether, in view of the provisions of Section 193 of the 1999 Constitution, Obaseki can deliberately refuse to carry him along or inform him of the State Executive Council (SEC) meeting or any other meetings or functions within and outside Edo without violating the express provision of the law.
On positive resolutions of the issues in his favour, Shaibu is asking the court to declare that the IGP, DSS, and Obaseki lacked the power to intimidate, harass, embarrass, or molest him.
He also sought the court’s declaration that Obaseki, the Speaker, and the Chief Judge lacked power to impeach him on any ground other than gross misconduct and that the Speaker and the Chief Judge at the same time, lacked requisite power to set up a 7-man panel of inquiry on the same ground.
Shaibu is also seeking for order of injunction restraining the IGP, DSS and Obaseki and their agents from harassing, embarrassing, intimidating, and preventing them from stopping him to carry out his legitimate functions.
Shuaibu is further asking for an order of injunction restraining Obaseki, the Speaker, and the Chief Judge from taking any action, plan, or step on the impeachment plan and another order specifically stopping the Chief Judge from taking instructions from Obaseki and the Speaker to set up any panel of Inquiry for the purpose of impeaching him.
