A federal high court in Abuja has dismissed two separate motions from the Edo state government and the house of assembly to stay the judgement that reinstated Philip Shaibu as the deputy governor of the state.
James Omotosho, presiding judge, dismissed the applications on Tuesday after Marvin Omorogbe, counsel for the state attorney-general, and that of the house of assembly, Sonia Egbunia, indicated their intention to withdraw the motions.
Egbunia informed the court that records have been transmitted to the court of appeal, adding that the matter has been scheduled for hearing.
Consequently, she applied to withdraw the motion for stay of execution filed on July 19.
Omorogbe also sought to withdraw his client’s motion for stay of execution filed on July 18.
Although, Reuben Egwuaba, counsel to Shaibu, did not object to their withdrawal application, he urged the court to award a cost of ₦50 million each against the applicants.
“We are not objecting to the application for withdrawal; however, we are asking for a cost of ₦50 million each. Our reason for the substantial cost is that the order of your lordship on July 17 is so clear and it was a declaratory order,” he said.
The lawyer also stated that issues had been joined in the motion, saying the applicant knew that no stay of execution of such an order could have been granted by the court.
He added that the assembly had been truncating the order of the court, which led to their filing of Form 48.
He said the applicants filed their motions as a way to prevent Shaibu from enjoying the benefits of the judgment.
Delivering judgment, Omotosho held that he could not grant the application for a stay of execution, as he had previously given a judgment reinstating Shaibu.
The court proceeded to strike out the suit and awarded ₦200,000 each against the applicants.
In July, Omotosho nullified the removal of Shaibu as deputy governor.
The judge held that Shaibu’s impeachment by the state house of assembly was illegal and “politically motivated”.
The judge ordered Shaibu’s reinstatement and directed the inspector-general of police to restore his security detail.
