The Edo State House of Assembly, on Wednesday, appealed the judgement by Hon. Justice J. K. Omotosho of the Federal High Court, Abuja, which set aside the impeachment of the State’s former deputy governor, Philip Shaibu.
The State Assembly has also filed a stay of execution on the judgement pending appeal.
Recall that A Federal High Court sitting in Abuja on Wednesday morning reinstated Rt. Hon. Philip Shaibu as the Deputy Governor of Edo State, following his earlier impeachment by the Edo State House of Assembly.
The Court presided over by Hon. Justice James Omotosho held that the removal of the Plaintiff, Shaibu from office as Deputy Governor of Edo State and the subsequent appointment of Omobayo Godwins as his replacement by the Governor of Edo State was illegal, unconstitutional, null and void.
The Court held that there was a breach of the provisions of the procedure laid out in Section 188(1) to (9) in the way and manner the impeachment process was conducted.
The court noted that the ouster clause in Section 188(10) limiting the jurisdiction is not a stand alone provision.
The Court referred to the decision of the Nigerian Supreme Court in Inakoju v. Adeleke(2007).
The court therefore ordered the 1st Defendant, the Inspector General of Police to immediately restore the security of the Plaintiff as Deputy Governor of Edo State.
