The Abuja Division of the Federal High Court has overturned the impeachment of Mr. Philip Shaibu, the Deputy Governor of Edo State. The court deemed his removal from office illegal, unconstitutional, and therefore null and void.
Justice James Omotosho delivered this decisive judgment, pointing out that the impeachment process blatantly violated Sections 188 and 35 of the 1999 Constitution (as amended).
As a result, the court mandated that Shaibu receive all his salaries, allowances, and benefits dating back to April 8, the day he was improperly impeached, continuing until his term concludes. Moreover, a perpetual injunction was issued to prevent Governor Godwin Obaseki and the Edo State House of Assembly from obstructing Shaibu in fulfilling his official responsibilities. Justice Omotosho further instructed the Inspector General of Police to restore Shaibu’s security detail without delay.
The court criticized the Edo Assembly’s grounds for impeachment as flimsy and politically driven. On April 8, 2024, the Edo State House of Assembly impeached Philip Shaibu based on a report from a seven-member investigative panel led by retired Justice S.A. Omonua, which had been convened by the State Chief Judge. The panel’s inquiry centered on allegations of perjury and leaking government secrets but concluded without Shaibu’s participation. Ultimately, 18 out of the 19 Assembly members present voted for his impeachment, with one member abstaining.
Following Shaibu’s impeachment, Governor Obaseki appointed Omobayo Marvellous Godwins as his new deputy to serve out the remainder of his term, which ended on November 11, 2024.
Shaibu, disagreeing with the impeachment, took his case to the Federal High Court in Abuja, contesting his removal and naming the Edo State House of Assembly among the defendants.
In his ruling, Justice Omotosho confirmed that Shaibu’s impeachment and the subsequent appointment of Omobayo Godwins were illegal and unconstitutional, thus rendering them null and void.
The court identified a breach in the impeachment process as outlined in Section 188(1) to (9) of the Constitution. It emphasized that the ouster clause in Section 188(10), which limits judicial intervention, is not standalone. Citing the Supreme Court decision in Inakoju v. Adeleke (2007), Justice Omotosho directed the Inspector General of Police to promptly reinstate Shaibu’s security detail, affirming his position as the Deputy Governor of Edo State.
