The Federal High Court in Abuja has fixed 19 April for hearing of a suit filed by the sacked Deputy Governor of Edo State, Philip Shaibu, against the state house of assembly and others.
The judge, Inyang Ekwo, on Friday, fixed the case for hearing after a team of lawyers, including Alex Ejesieme, a Senior Advocate of Nigeria (SAN), showed up to seek a date for the matter.
The News Agency of Nigeria (NAN) observed that though the suit, marked: FHC/ABJ/CS/405/24, was not listed on the cause list, the lawyers, who said they were for the defence, asked the judge for a date for the case.
Shortly before the judge rose, one of the lawyers told Mr Ekwo that the matter was scheduled to hold on Thursday but due to the public holiday, the court did not sit.
“So, in obedience to court, we came today,” he said.
But Mr Ekwo, who held that he could not preside over a matter that was not in the file, directed them to liaise with the court registrar for the next adjourned date.
The matter was then fixed for 19 April for hearing.
The Edo State House of Assembly sacked Mr Shaibu on 8 April, following the recommendation of a seven-man panel of investigation indicting him for disclosure of government secrets.’’
NAN reports that Mr Shaibu had filed his suit on 27 March to stop the process of removal from office launched against him by the Edo State House of Assembly.
In the suit, he sued the Inspector-General of Police and the State Security Service (SSS) as 1st and 2nd respondents.
He also joined S.A. Omonua, a retired judgement chairperson of the seven-member panel of inquiry that recommended the removal of Mr Shaibu.
Also sued were the Chief Judge of Edo State, who set up the investigation panel.
The rest of the defendants are Theresa Akpoghome, a professor, President Aigbokhian; Oghogho Ayodele Oviasu and the Edo State House of Assembly.
Prayers
In the suit filed by Mr Shaibu’s lawyer, O.A. Gbadamosi, a SAN, the sacked Edo State deputy governor sought a declaration that the threat and failure of the panel of inquiry and the House of Assembly to give him a fair hearing in the impeachment proceedings commenced by the 8th respondent (the House of Assembly) is illegal, unconstitutional, and a gross violation of his fundamental right to fair hearing, pursuant to Section 36 of the constitution.
He sought a declaration that the failure of the 8th respondent (assembly) to serve the purported impeachment notice on him personally and on each member of the House of Assembly, in line with Section 188(2) of the 1999 Constitution is a violation of his right to fair hearing.
He also sought a declaration that the inclusion of the 3rd, 5th, 6th and 7th respondents as chairman and members of the seven-member investigation panel to investigate allegations contained in a purported impeachment notice to the applicant is tainted by a reasonable likelihood of bias and will result in a violation of the applicant’s fundamental right to fair hearing, guaranteed by virtue of Section 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”
He sought an order directing the respondents not to take any further steps in violating his fundamental right to fair hearing, guaranteed by virtue of Section 36 of the 1999 Constitution.
He also sought an order directing the 3rd, 5th, 6th and 7th respondents to recuse themselves from sitting as Chairman and members of the 7-Man Investigating Panel appointed by the 3rd respondent, on account of the likelihood of bias on their part against him, among other reliefs.
Grounds of argument
Giving seven grounds of argument, Mr Shaibu averred that before now, he had never been confronted with any of such notice or allegations of misconduct or abuse of office or any allegations at all, whether as deputy governor or acting governor.
He said he had not been served with any letter/notice as required by Section 188(2) of the 1999 Constitution, as amended and no privilege had been accorded him by the assembly to provide answers to any purported allegations to warrant a process targeted at his removal from office as deputy governor.
“The 3rd respondent via a letter dated 25 March 2024 was appointed by the 4th respondent as the chairman of a panel of seven persons to investigate the allegations contained in a purported impeachment notice, which is yet to be personally served on the applicant.
“The 3rd respondent is a retired judicial officer and community leader from Esan North East Local Government Area of Edo Central Senatorial District, where there is strong clamour against the gubernatorial ambition of the applicant.
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“The 3rd respondent appears to have been given the hatchet job of recommending the removal from office of the applicant, in order to weaken his political ambition of becoming governor of Edo State.
“The 4th respondent being a protégé of the 3rd respondent, appointed him as chairman of the Investigating Panel, when other persons he offered the same appointment rejected it, because it was a politically motivated job,” he said, among other grounds.
NAN reports that Mr Shaibu was, on Monday, removed from office by the state’s House of assembly after the seven-man panel found him guilty of leaking government’s secrets.
The retired Justice Omonuwa-led panel, which had its inaugural sitting on 3 April in Benin, ended its sitting on 5 April with Mr Shaibu or his counsel failing to show up.(NAN)
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