A Federal High Court in Abuja has declined the request by Edo State Deputy Governor, Philip Shaibu for an order directing parties in a suit he filed, including Governor Godwin Obaseki, the House of Assembly, and others, to maintain status quo pending the hearing and determination of the suit.
Shaibu is in the suit, seeking, among others, to frustrate the move by the state House of Assembly to impeach him.
At the mention of the case on Shaibu’s lawyer, Prof. Oladoyin Awoyale moved motions for substituted service of court documents in respect of the case on some of the first to fourth defendants, who he said were yet to be served.
Justice Omotosho granted the motion as prayed, enabling the plaintiff to serve the four defendants—the Edo State Government, the Governor, the House of Assembly, and the Speaker by pasting the documents on the gates of the State House and the Assembly or through courier services.
Shortly after the judge’s ruling, Awoyale applied orally to the court to issue an order for parties to maintain the status quo pending the determination of the suit.
Justice Omotosho declined on the grounds that since the plaintiff has been unable to effect service on all the listed defendants, it would be untidy to issue any order against them.
The judge, who noted that the court’s Easter vacation would commence on Friday, advised the plaintiff’s lawyer to apply to the court’s Chief Judge for permission to have the case heard during the vacation.
He adjourned till April 15.
Shaibu was in court to witness proceedings on Wednesday.
This is the second time the court will decline a request by Shaibu to intervene in the ongoing move to impeach him.
The court, on March 13, refused to grant an ex-parte motion filed and argued for Shaibu by Awoyale.
In refusing to grant the ex-parte motion, Justice Omotosho ordered the plaintiff to serve all the defendants with the processes and hearing notices and adjourned until March 18 for the hearing.
On March 18, Awoyale told the court that his client was unable to serve some of the defendants.
He said his client filed a motion for leave to effect substituted service on the defendants who were yet to be served, following which the judge adjourned till Wednesday for hearing of the motion.
Listed as defendants in the suit marked: FHC/ABJ/CS/321/2024 are: The Edo State Government, the Governor, the House of Assembly and the Speaker.
Others are the Clerk of the Assembly, the Chief Judge, the Inspector-General (I-G) of Police and the Director-General of the State Security Service.
In one of the motions filed, Shaibu is seeking an order of interim injunction restraining the 3rd to 5th defendants from interfering with the res (subject matter) of the originating summons by way of further restricting his rights and privileges or disempowering, commencing, initiating or further initiating any adverse process or proceedings by way of issuance of notice of allegation, holding proceedings or setting up of any panel of investigation towards his removal from office as deputy governor of the state pending the hearing of the motion on notice.
He is also seeking 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.
Shaibu wants 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.