Justice Ahmed Mohammed of the Federal High Court Abuja has issued a temporary order stopping the move by Governor Godwin Obaseki of Edo State to impeach his Deputy, Phillip Shaibu, over their irreconcilable differences.
Justice Mohammed issued the temporary order on Friday while ruling in a motion on notice filed by Shaibu, praying the court to stop the move to ease him out of office by his principal.
In the ruling, Justice Mohammed directed the parties in the suit to maintain status quo and to be in force till the time the defendants shall show cause as directed in another ruling of the court made on July 27th, 2023.
Justice Mohammed subsequently adjourned the hearing in the matter till August 10 and ordered that the IGP, SSS, and Obaseki, who were not represented in court be served with hearing notices.
Shaibu, in his originating summons, prayed the court to determine whether, in view of the provisions of sections 186 and 193 of the 1999 Constitution, Obaseki has the power to instigate the IGP and SSS to harass and prevent him from accessing his office to carry out his constitutionally guaranteed duties.
He 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 prayed 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.
Upon positive resolutions of the issues in his favour, Shaibu asked the court to declare that the IGP, SSS, 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 the 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.
Among others, Shaibu requested for order of injunction restraining IGP, SSS, and Obaseki and their agents and privies from harassing, embarrassing, intimidating, and preventing them from stopping him from carrying out his legitimate functions.
He further prayed 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.
