Daud Olatunji
The Federal High Court on Wednesday, in Abuja reinstated Philip Shaibu as the Deputy Governor of Edo State.
Shaibu had been impeached several months prior by the Edo State House of Assembly.
Presiding over the case, Hon Justice James Omotosho declared that Shaibu’s removal from office and the subsequent appointment of Omobayo Godwin as his replacement by the Governor of Edo State were illegal, unconstitutional, and void.
The court found that the impeachment process breached the procedural provisions outlined in Section 188(1) to (9) of the Nigerian Constitution.
Justice Omotosho stressed that the ouster clause in Section 188(10), which limits judicial intervention in impeachment proceedings, does not exist in isolation.
The court’s decision drew heavily on the precedent set by the Nigerian Supreme Court in the case of Inakoju v. Adeleke (2007), which clarified the constitutional boundaries of impeachment procedures.
“The removal of the Plaintiff, Shaibu, from office as Deputy Governor of Edo State was carried out in a manner that violated constitutional provisions,” stated Justice Omotosho.
He further noted that the impeachment appeared politically motivated, linked to Shaibu’s ambition to run for Governor of Edo State.
In light of these findings, the court ordered the Inspector General of Police to immediately restore Shaibu’s security details.
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