On Wednesday, the Abuja Division of the Federal High Court nullified Philip Shaibu’s impeachment as Edo’s deputy governor.
Justice James Omotosho, in a judgment, ordered his reinstatement to the office on the ground that the Edo House of Assembly failed to comply with due process in the purported impeachment.
Justice Omotosho held that the allegation on which the parliament based the impeachment proceedings was untenable in law and did not constitute gross misconduct.
The judge, therefore, ordered the inspector general of police to provide him with the security needed to enable him to resume office and perform the functions of the office until the end of his tenure.
Justice Omotosho equally set aside the appointment of another deputy governor in the place of Mr Shaibu.
Mr Shaibu, who was in court, broke down in tears following the judge’s pronouncements.
On April 8, the parliament impeached Mr Shaibu.
Mr Shaibu’s impeachment followed the adoption of the report of a seven-man committee set up by the chief judge of Edo Justice Daniel Okungbowa to investigate allegations of misconduct against the deputy governor.
During plenary at the assembly complex in Benin, the majority leader of the parliament, Charity Aiguobarueghian, said the report of the seven-man judicial panel of inquiry presented to the parliament had two findings and one recommendation.
Mr Aiguobarueghian said that while the panel report could not establish the case of perjury levelled against the deputy governor, the panel found him guilty of disclosing government secrets.
According to the report, the seven-member judicial panel of inquiry recommended that the deputy governor be impeached for disclosure of government secrets.
The clerk of the house, Yahaya Omogbai, conducted a head count of the lawmakers who voted for and against the impeachment of Mr Shaibu.
Eighteen out of 19 members at plenary voted for the deputy governor’s impeachment, while one abstained from the headcount and voting process.
The clerk of the parliament stated that 2/3 (16 members of the House) was needed to carry out the impeachment.
(NAN)
