Tag: Shaibu

Edo House of Assembly on Monday impeached Deputy Governor Philip Shaibu.

The impeachment followed the adoption of the report of the seven-man investigative panel set up by the Chief Judge to probe allegations of misconduct against Shaibu.

The Justice Stephen Omonua (Rtd)-led seven-man panel set up by the Chief Judge (CJ) Justice Daniel Okungbowa submitted Shaibu was guilty of disclosure of official secret.

Here are other Deputy Governors impeached by Assemby:

(1) Ali Olanusi

Ondo Deputy Governor, Ali Olanusi, was impeached in the morning of Monday, April 27, 2015 by members of the House of Assembly.‎

Olanusi was impeached exactly one month after defecting from the People’s Democratic Party(PDP) to the All Progressives’ Congress(APC).

Twenty two of the 26 members of the Assembly supported the impeachment of the Deputy Governor, who recently moved from the Peoples Democratic Party to the All Progressives Congress.

(2) Mr Simon Achuba

Former Kogi Deputy Governor Simon Achuba was impeached on Friday October 18, 2019.

Achuba was impeached by members of the Kogi Assembly in Lokoja, the state capital.

Achuba’s impeachment followed the submission of a report of the committee set up by the State Chief Judge, Justice Nasir Ajana, to investigate an allegation of gross misconduct against the former deputy governor.

However, Achuba’s impeachment was on Wednesday, February, 26, 2020 declared null and void by a State High Court in Lokoja.

Justice John Olorunfemi faulted Achuba’s removal from office, describing it as a violation of the Constitution.

The judge, while delivering the judgment, also said the nomination of Edward Onoja as the deputy governor did not follow due process.

(3) Rauf Olaniyan

The Oyo  House of Assembly on Monday, July 18, 2022 impeached former Deputy Governor, Rauf Olaniyan, at its plenary.

Olaniyan was found guilty of all the allegations levelled against him following the reports of a seven-man panel constituted by the state Chief Judge, Munta Abimbola.

The chief judge on Thursday, July 14, 2022 constituted the panel to investigate the allegations levelled against the deputy governor by the lawmakers.

Read Also: BREAKING: Edo Assembly sacks Shaibu as Deputy Gov

The lawmakers, after considering the panel’s recommendations, pronounced the impeachment of the deputy governor and that it should take immediate effect.

The House in June directed Justice Abimbola to constitute a panel to investigate Mr Olaniyan.

It served the Deputy Governor with a notice of impeachment over allegations of gross misconduct, abuse of office, and financial recklessness, among others, following his defection from PDP to APC.

(4) Garba Gadi 

Former Bauchi Deputy Governor Garba Gadi was impeached from office on 13 August, 2009.

He and then Governor Isa Yuguda were elected on the platform of defunct All Nigerian Peoples Party (ANPP) before the Governor dumped the party for PDP.

Gadi chose to remain in ANPP, a situation which pitched him against the Governor and 17 members of the Bauchi Assembly who decamped with the Governor to PDP.

The House of Assembly found Garba guilty of impeachable offences leveled at him in May 2009.

This followed the submission of the report of the seven-man investigative panel set up by the House to probe the allegations against him.

However, Gadi was reinstated by a court in Bauchi State on 25 June, 2010.

The court ordered that Gadi returns to his office and all his outstanding official entitlements be paid to him without delay.

(5) Mahdi Aliyu Gusau

Zamfara House of Assembly on Wednesday, February 23, 2022 impeached Mahdi Aliyu Gusau as Deputy Governor.

The lawmakers impeached the Deputy Governor during a plenary session on Wednesday.

However, a Federal High Court, FHC, Abuja, on Wednesday, June 21, 2023 gave an order restoring Mahdi Ali Gusau as Zamfara Deputy Governor.

Justice Inyang Ekwo, in a judgement, also set aside all the steps and actions taken by the House of Assembly, former Governor Bello Matawalle and the state’s chief judge in the purported impeachment of Gusau during the pendency of the suit in court.

Edo Deputy Governor, Comrade Philip Shaibu, and his lead counsel, Prof. Oladoyin Awoyale (SAN) on Friday shunned the Justice Stephen Omonua-led seven-member probe panel again..

Shaibu and Awoyale said they won’t before the panel was for allegedly disobeying the March 28, 2024 interlocutory order of the Federal High Court (FHC), Abuja, presided over by Justice Inyang Ekwo.

While rounding off the sitting at Edo High Court Complex, Benin, Omonua said: “The panel adjourned sitting till today (Friday), for the last time, for the respondent (Shaibu/counsel) to present his defence, and the respondent is still not before the panel.

“The panel is therefore closing its sitting, to retire to consider its report, as provided by the constitution.”

The other members of the panel include Prof. Theresa Akpoghome, Oghogho Ayodele Oviasu, Dr. Andrew Oliha, Idris Abdulkareen, President Aighokhian, and Mariam Erakhoba Ilavbare.

Read Also: Shaibu, counsel shun probe panel for disobeying court order

Edo Chief Judge, Justice Daniel Okungbowa inaugurated the panel on March 25 to probe the allegations against Shaibu. 

He would soon receive the report from the panel for Edo lawmakers to proceed or not with Shaibu’s impeachment. 

Inaugural sitting of the panel took place on Wednesday with the lead counsel to Edo Deputy Governor declaring that participating in the proceedings of the panel would amount to “fait accompli,” stating continuing sitting by members of the panel was contempt of the court.

He stated that all parties in the Abuja’s suit ought to obey the interlocutory order, which asked them to show cause why the injunction to maintain status quo ante bellum, pending the hearing and determination of the originating motion on notice, should not be granted. 

The order also directed the parties to appear before the presiding judge on April 8, 2024, to show cause why the relief sought by Shaibu should not be granted, particularly the enforcement of fundamental human rights prayer, tabled before the court by Edo deputy governor.

The FHC, Abuja’s suit before Justice Ekwo has as defendants: Inspector-General of Police (IGP); Department of Security Services (DSS); Omonua, representing himself and the members of the panel; Edo chief judge, and the state’s House of Assembly.

Edo Deputy Governor Comrade Philip Shaibu and his lead counsel, Prof. Oladoyin Awoyale (SAN) on Thursday shunned the second-day sitting of the Justice Stephen Omonua (rtd.)-led seven-member panel for allegedly disobeying the March 28, 2024 interlocutory order of the Federal High Court (FHC), Abuja presided over by Justice I.E. Ekwo.

The panel was inaugurated  by Edo Chief Judge, Justice Daniel Okungbowa, to probe the allegations levelled against Shaibu.

The Legal Officer, N.U. Ibrahim, of Edo House of Assembly, which initiated the impeachment proceedings, announced his appearance with two other lawyers.  

Members of the panel fixed Friday for final adjournment to enable Edo Deputy Governor or his counsel to defend himself.

The lead counsel to Shaibu declared that participating in the proceedings of the panel would amount to “fait accompli” and that continuing sitting by members of the panel was contempt of the court.

He stated that all parties in the FHC Abuja’s suit ought to obey the interlocutory order, which asked them to show cause why the injunction to maintain status quo ante bellum, pending the hearing and determination of the originating motion on notice, should not be granted. 

Read Also: Shaibu’s counsel walks out on probe panel

The order also directed the parties to appear before the presiding judge on April 8, 2024 to show cause why the relief sought by Shaibu should not be granted, particularly the enforcement of fundamental human rights prayer, tabled before the court by Edo deputy governor.

The suit before Justice Ekwo has as defendants: Inspector-General of Police (IGP); Department of Security Services (DSS); Omonua, representing himself and the members of the panel; Edo chief judge, and the state’s House of Assembly.

Awoyale declared that the panel’s members continuing to sit would amount to undermining the rule of law, and then took the leave of the panel to excuse himself and his client from continuing with the panel’s proceedings.

The counsel to Edo House of Assembly, Joe Ohiafi, insisted that Section 188 (10) of the Constitution of the Federal Republic of Nigeria (as amended), foreclosed any court from preventing the lawmakers and members of the panel from discharging their constitutional responsibilities.

Ohiafi noted that only members of the House of Assembly could determine what could constitute gross misconduct, while maintaining that by Edo deputy governor attaching documents relating to the state’s Executive Council’s meetings to the case he filed last year at the FHC, Abuja, which he later withdrew, owing to intervention of eminent Nigerians, he had breached his oath of office.

Omonua, in the panel’s decision, stated that Shaibu’s suit at FHC, Abuja was neither here nor there, while maintaining that the section of Nigeria’s constitution empowered and protected the panel from external interference, and insisted that members of the panel would continue to sit.

The other members of the panel include Prof. Theresa Akpoghome, Oghogho Ayodele Oviasu, Dr. Andrew Oliha, Idris Abdulkareen, President Aighokhian, and Mariam Erakhoba Ilavbare.

The disobeyed interlocutory order of Justice I.E. Ekwo ought to prevent the chairman and the unnamed three other members of the panel from participating in the impeachment proceedings, on account of bias. 

The seven-member panel appointed by Justice Daniel Okungbowa, the Chief Judge of Edo State, to look into the accusations of wrongdoing made against Deputy Governor Philip Shaibu, started its sitting on Wednesday.

Following the resolution by the House of Assembly that started the impeachment process against Shaibu, Justice Okungbowa established the panel, which is chaired by retired Justice S. A. Omonuwa.

Prof. Oladoyin Awoyale (SAN) represented Shaibu at the panel on Wednesday while Mr. Joe Ohiafi, Deputy Clerk, Legal, represented the House of Assembly.

The impeachment procedure is the latest in the dispute between Shaibu and his principal, Governor Godwin Obaseki, which is said to have started when Shaibu declared his desire to contest for Edo Governorship on September 21.

Read Also: Shaibu: Seven-member panel begins sitting April 3

A statement by the administrative secretary of the panel, George Odidi, last Thursday reads: “Take notice that consequent upon the inauguration of the above panel by His Lordship the Hon. Chief Judge of Edo State, Hon. Justice Daniel Okungbowa, in line with Section 188 Subsection 5 of the Constitution of the Federal Republic of Nigeria 1999, the said panel shall commence sitting at Judges Conference room, New High Court Complex, Benin City on Wednesday, April 3, 2024 at 10am prompt.

“Parties and/or their counsel are expected to be present on that day while the complainant is expected to be ready to present its case on that day.”

The Deputy Governor of Edo, Mr Philip Shaibu, on Wednesday prayed the seven-member investigative panel on his planned impeachment, to obey an interlocutory injunction of a Federal High Court, Abuja.

At its  maiden sitting on Wednesday in Benin, Shaibu, through his lawyer, Prof. Oladoyin Awoyale, SAN, said the panel’s sitting to investigate him would amount to fait accompli.

He argued that there was a subsisting order of interlocutory injunction granted by an Abuja Federal High Court and further hearing had been adjourned to April 8.

Awoyale argued that with the court’s order, all parties are advised to obey the ruling.

However, counsel to the House of Assembly and Deputy Clerk, Legal Department, Joe Oaifi, argued that the panel’s sitting was supported by Section 188 (10) of the constitution which foreclosed any court from preventing the House of Assembly and the panel from discharging its constitutional responsibilities.

The  News Agency of Nigeria (NAN) reports that the State Chief Judge, Justice Daniel Okungbowa,  constituted a  panel headed by retired Justice S. A. Omonuwa.

The panel has the mandate to investigate the allegation of misconduct levelled against the deputy governor by the Edo State House of Assembly.

NAN reports that a federal high court in Abuja declined to grant an application by Shaibu, directing Gov. Godwin Obaseki, the house of assembly and others in his case to maintain status quo pending the hearing and determination of the substantive suit.

The development occured after Justice James Omotosho refused to grant the oral application made by Shaibu’s lawyer,  Awoyale, to the effect.

NAN reports that the embattled deputy governor had, in a motion ex-parte marked: FHC/ABJ/CS/321/2024, sued the Edo State Government, governor, house of assembly and speaker as 1st to 4th defendants.

Also joined in the suit are clerk of the assembly, chief judge, Inspector-General (I-G) of Police and director-general of state security service as 5th to 8th defendants respectively.

In the motion dated and filed March 8, Shaibu sought an order of interim injunction restraining the 3rd to 5th defendants from interfering with the res (subject matter) of the originating summons.

He also sought an order of interim injunction restraining the defendants jointly or severally from taking any adverse actions in relation to any attempt or process targeted at his removal from office as deputy governor of Edo pending the hearing of the motion on notice.

He urged the court to make an order restraining the 1st to 8th defendants from preventing him from performing his official duties and discharging his responsibilities, including, attending the State Executive Council meetings/functions and other duties.

NAN reports that Justice Omotosho had, on March 13, refused to grant the ex-parte motion after it was moved by Awoyale.

Instead, the judge ordered the lawyer to serve all the defendants with the processes and hearing notices and adjourned until March 18 for hearing.

But on Tuesday when the matter came up, Awoyale told the court that he was unable to serve some of the defendants and the judge adjourned until today to.hear another motion filed.

Upon resumed hearing on Wednesday, Awoyale informed the court that he had an humble application dated March 8.

He said the motion sought an ordered granting leave to them to effect service of the originating summons and other processes on the 1st and 2nd defendants by substituted means, through pasting the documents at the gate of Edo State Government House or by courier service.

The senior lawyer said the motion also sought an order granting leave to effect service of the processes on the 3th and 4th defendants by substituted means, through pasting it at Edo State House of Assembly gate or by courier service.

He urged the court to grant their prayers.

He said the 6th, 7th and 8th defendants had been served in the matter.

Read Also: Edo 2024: Shaibu loses out as INEC lists 17 parties to contest guber poll

Awoyale then prayed the court for an order for parties to maintain a status quo pending the hearing and determination of the suit.

He cited previous cases to back his submission.

But Justice Omotosho turned down Awoyale’s request for an order for parties to maintain status quo.

“Counsel, you know that it is not possible,” he said

The judge held that the previous case cited by the lawyer was not applicable in the instant suit.

He said that in the authority cited about military administrator of Lagos State, all the parties in the suit had been served, but in the present case, some parties were yet to be served.

“Today, we are just seeking for leave to serve the parties by substituted means. So can this court grant this, the answer is no,” the judge said.

Justice Omotosho, however, advised the lawyer to apply for a fiat, through the chief judge of FHC, so that their case could be heard during vacation as the court would commence its vacation on Friday.

The judge, who granted the leave for substituted service as prayed by the lawyer, adjourned the matter until April 15 for hearing.

(NAN)

Seventeen political parties will contest the September 21 governorship election in Edo State, as the Independent National Electoral Commission (INEC) yesterday displayed the list of the standard bearers of the parties, with one of them to succeed Governor Godwin Obaseki on November 12 this year.

The Resident Electoral Commissioner (REC) of INEC in Edo, Dr. Anugbum Onuoha, led other top officials of the commission to display the list on the notice board of its state headquarters on Benin-Ekpoma-Auchi Road, Aduwawa, Benin, and would also be available at all INEC’s offices in the 18 local government areas of the state.

Action Alliance (AA) has Uwaifo Osaro, Social Democratic Party (SDP) is Aner Abdullai Aliu, New Nigeria Peoples Party (NNPP) – Azena Azemhe Friday, All Progressives Grand Alliance (APGA) – Osifo Isiah, All People Movement (APM) – Ugiagbe Odaro Syvelster, All Peoples Party (APP) – Areleogbe Amos Osalumese, Action Democratic Party (ADP) – Akhime kingson Afere, African Action Congress (AAC) – Udoh Obersifo David, and Zenith Labour Party (ZLP) is Akhalamhe Amiemenoghena.

The governing Peoples Democratic Party (PDP) has Asuerinme Ighodalo, Boot Party (BP) – Osirame Edeipo, Accord Party (AP) is Enabulele Bright, African Democratic Congress (ADC) – Obazele Paul Agbone, Labour Party (LP) is Olumide Akpata Anthony, All Progressives Congress (APC) has Monday Okpebholo, People Redemption Party (PRP) – Key Patience Ndidi, and Young Progressive Party (YPP) has Okungbowa Paul Ovbokhan as the governorship candidate.

The REC of INEC in Edo also disclosed that the electoral commission would publish the personal particulars of the 17 governorship candidates and their deputies, by displaying copies of Form EC9, along with all academic credentials and other documents submitted by each candidate at its state headquarters and the 18 local government offices in Edo.

INEC’s National Commissioner, Sam Olumekun, who is also the Chairman, Information and Voter Education Committee of the commission, urged Nigerians to scrutinise the documents.

Olumekun said: “Any aspirant who participated in his/her party’s primaries, with reasonable grounds to believe that the information provided by the candidate is false, can challenge the nomination in a Federal High Court (FHC), as provided in Section 29 (5) of the Electoral Act 2022.”

With the release of the list of governorship candidates in Edo, the state’s Deputy Governor, Comrade Philip Shaibu, a former member of the House of Representatives, has temporarily lost out of the contest.

Shaibu, a parallel governorship candidate of PDP in Edo, filed a suit on the governorship poll at the Federal High Court (FHC), Abuja, while still expressing optimism that he would be the standard bearer of his party on September 21.

Edo deputy governor is facing the governorship battle at a time the 24 members of the state’s House of Assembly are warming up to impeach him.

Read Also: INEC publishes particulars of Edo Gov candidates

It will be recalled that the seven-member panel put in place by Edo Chief Judge, Justice Daniel Okungbowa, to probe the allegations levelled against Shaibu, will commence sitting on April 3, 2024.

Administrative Secretary of the panel, George Odidi, revealed that members of the panel would sit at the judges’ conference room, New High Court Complex, Benin at 10 a.m.

Odidi also stated that parties or their counsel were expected to be present, while the complainant was expected to be ready to present its case.

Okungbowa, on March 25, reconstituted the seven-member panel, which he initially put together on March 22, but two professors: Violet Aigbokhaebo and Boniface Onomion Edegbai, declined to serve on the panel to investigate the allegations, as contained in the March 6, 2024 impeachment notice by the members of Edo House of Assembly.

Edo chief judge reconstituted another panel, in line with Section 188 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The Chief Registrar of Edo High Court, Mr. B. O. Osawaru, in a press statement, with reference number: CR/4837/Vol. I1/131, disclosed that the panel would still be headed by Justice S.A. Omonua (rtd).

The other members of the new panel included Prof. Theresa Akpoghome, Oghogho Ayodele Oviasu, Dr. Andrew Oliha, Idris Abdulkareen, President Aighokhian, and Mariam Erakhoba Ilavbare.

On March 22, the chief registrar, in a press statement, gave names of the other members of the panel as Profs. Violet Aigbokhaebo, Boniface Onomion Edegbai and Theresa Akpoghome, as well as Dr. Andrew Oliha, and Messrs. Oghogho Ayodele Oviasu and Idris Abdulkareen.

Edo lawmakers, on March 19, through a resolution by 19 of the 24 members, directed the chief judge to constitute the seven-member panel.

Shaibu, at the FHC, Abuja, through an ex-parte motion, urged the court to restrain Edo House of Assembly, the chief judge and Governor Godwin Obaseki from taking further action on the impeachment process, pending the determination of the substantive matter.

The motion, which was filed on March 18 by Edo deputy governor’s lead counsel, Prof. Oladoyin Awoyale, equally joined Edo government, Speaker and Clerk of the state’s House of Assembly, the Director-General of the Department of State Services (DSS) and the Inspector-General of the Police (IGP).

FHC, Abuja, presided over by Justice James Omotoso, directed that all parties be put on notice, and granted the requested substituted service, with the matter adjourned till April 15, 2024, for further hearing.

Obaseki, a chieftain of the PDP, is backing the Lagos-based lawyer, Ighodalo, to succeed him on November 12 this year, while Shaibu insisted that he remained the standard bearer of PDP in Edo, for the September 21 governorship election, and declared that he would win.