The court of appeal has dismissed a suit filed by the Edo state house of assembly against Philip Shaibu, deputy governor of the state.
At the court session on Tuesday, Olusegun Jolaawo, counsel representing the Edo assembly, moved an application to withdraw the appeal marked CA/ABJ/CV/645/2024.
“We have filed a notice of withdrawal of the appeal since we have another appeal before the court which will take care of the instant situation,” Jolaawo told the court.
In the absence of an objection, a three-member panel of the appellate court dismissed the appeal.
The panel was presided over by Hamma Barka, Usman Musale, and Okon Abang.
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Contrary to reports that the court of appeal affirmed the judgment of the Abuja federal high court, which ordered Shaibu’s reinstatement, the instant case dismissed is an interlocutory appeal against a ruling in a fundamental rights suit marked FHC/ABJ/CS/405/2024 pending before the federal high court in Abuja.
Shaibu filed the fundamental rights suit before he was impeached by the Edo assembly.
Shuaibu had sought to amend the suit to substitute his name for that of “deputy governor,” which he had used in instituting the case.
It was a ruling from the fundamental rights suit that was appealed by the Edo house of assembly.
SHAIBU’S IMPEACHMENT/REINSTATEMENT
The state house of assembly impeached Shaibu on April 8 after adopting the report of a seven-member investigative panel.
Daniel Okungbowa, chief judge of Edo, set up the panel headed by S. A. Omonuwa, a retired justice.
Shaibu was accused of “misconduct, perjury, and disclosure of government secrets”.
Shaibu had fallen out with Godwin Obaseki, governor of the state, before the impeachment.
The deputy governor had challenged his impeachment at the federal high court in Abuja.
In the judgment delivered on July 17, James Omotosho, the trial judge, held that Shaibu’s impeachment violated the provisions of the law.
Omotosho declared that Shaibu’s ouster on April 8 by the state house of assembly was politically motivated and ordered his reinstatement.
The judge also ordered the inspector-general of police (IGP) to immediately restore the plaintiff’s security.
Omotosho further ordered that Shaibu’s salaries and allowances—from April when he was impeached—should be paid to him.
The appeal filed against Omotosho’s judgment is still pending before the appellate court.
