Philip Shaibu’s reinstatement as Edo deputy governor victory for democracy — Lawyer Adesola Fagbemi

In a landmark decision, the Federal High Court in Abuja nullified the impeachment of Philip Shaibu as the deputy governor of Edo State, ordering his immediate reinstatement.

The judgement has been hailed as a triumph for democracy and the rule of law by legal expert Adesola Fagbemi.

Court Ruling on Shaibu’s Impeachment

On Wednesday, Justice James Omotosho delivered a decisive judgement, declaring the impeachment of Philip Shaibu on April 8, 2024, by the Edo State House of Assembly as unlawful. The court found that the impeachment proceedings violated constitutional provisions, making the entire process legally untenable.

Consequently, Justice Omotosho ordered Shaibu’s reinstatement and mandated the Inspector-General of Police to restore his security detail. Additionally, the court instructed that Shaibu’s salaries and allowances from the time of his impeachment be fully paid.

Legal Interpretation and Democracy

Speaking on the matter, lawyer Adesola Fagbemi provided insights into the legal and democratic implications of the judgement.

Describing it as a victory for democracy, Fagbemi explained, “There are constitutional requirements before the deputy governor of a state can be removed on grounds of gross misconduct. If these requirements are not met, any such removal is invalid.”

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He emphasised that due process was not followed, and the allegations against Shaibu lacked sufficient evidence, rendering the impeachment null and void.

Fagbemi elaborated, “The court has determined that the Edo State House of Assembly did not present the necessary allegations or documents to substantiate the claims of gross misconduct. Therefore, the court’s decision to reinstate Shaibu is a reinforcement of democratic principles and the rule of law.”

Implications for the Former Deputy Governor

The judgement also raises questions about the status of Omobayo Godwins, who replaced Shaibu as deputy governor. Fagbemi clarified that the court’s order requires compliance, stating, “Automatically, the due process of law taking place in this judicial pronouncement necessitates that the former deputy governor should be reinstated.”

He added that while the decision can be appealed, the immediate effect is Shaibu’s reinstatement and the obligation to adhere to the court’s ruling.

Background and Allegations

Philip Shaibu’s impeachment was the result of a politically charged environment in Edo State. The seven-member investigative panel, headed by retired justice S. A. Omonuwa and set up by Chief Judge Daniel Okungbowa, accused Shaibu of misconduct, perjury, and disclosure of government secrets. These allegations emerged after a fallout between Shaibu and Governor Godwin Obaseki.

However, the court found that these allegations were not substantiated with concrete evidence, leading to the nullification of the impeachment. The ruling underscores the necessity for thorough and transparent legal processes in political matters.

Restoration of Security and Benefits

In addition to reinstating Shaibu, the court ordered that his security be immediately restored by the Inspector-General of Police. Justice Omotosho also directed that Shaibu’s unpaid salaries and allowances since his impeachment in April be paid in full, ensuring that he is compensated for the period he was unlawfully removed from office.

Future Legal and Political Steps

While the judgement is a significant legal victory for Shaibu, Fagbemi noted that the matter could still proceed to higher courts if the state government decides to appeal.

“This is not the final point at seeking redress,” Fagbemi said, “but in the interest of justice and adherence to the rule of law, the current court order must be respected until any further decisions are made.”

Edo Assembly Moves to Appeal Judgement

Meanwhile, in a swift reaction, the Edo State House of Assembly has moved to appeal the judgement of the High Court. The state assembly filed a motion for a stay of execution pending a formal application for an appeal.

The Federal High Court’s ruling on the reinstatement of Philip Shaibu as Edo State’s deputy governor is a reaffirmation of the principles of democracy and due process.

Lawyer Adesola Fagbemi’s interpretation highlights the importance of adhering to constitutional requirements in political procedures. As Shaibu resumes his duties, the judgement serves as a reminder of the judiciary’s role in upholding the law and protecting democratic values.

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