The Federal High Court in Abuja has scheduled a hearing date for a lawsuit filed by Philip Shaibu, the impeached Deputy Governor of Edo State, against the state house of assembly and other entities.
Filed on March 27, the suit names the Inspector-General of Police and the State Security Service as the first and second respondents, respectively. Shaibu, represented by O.A. Gbadamosi, SAN, also includes Hon. Justice S.A. Omonua (retired), the Chairman representing himself and members of the Panel of Seven Appointed by the 4th Defendant; the Chief Judge of Edo; and Prof. Theresa Akpoghome as the third to fifth respondents.
In the originating motion on notice, Shaibu seeks several declarations and orders. These include a declaration that the threat and failure of the third to eighth respondents to grant him a fair hearing in the impeachment proceedings initiated by the eighth respondent are illegal, unconstitutional, and a violation of his fundamental right to fair hearing under Section 36 of the 1999 Constitution, as amended.
He also seeks a declaration that the failure of the eighth respondent (assembly) to personally serve the purported impeachment notice on him and each member of the House of Assembly, in accordance with Section 188(2) of the 1999 Constitution, constitutes a violation of his right to fair hearing.
Furthermore, Shaibu requests an order directing the respondents not to take any further steps in violating his fundamental right to fair hearing and another order directing the third, fifth, sixth, and seventh respondents to recuse themselves from sitting as Chairman and members of the seven-man Investigating Panel appointed by the third respondent, citing a likelihood of bias.
Shaibu argues on seven grounds, asserting that he had never been confronted with any such notice or allegations of misconduct or abuse of office before, whether as deputy governor or acting governor. He claims he had not been served with any letter or notice as required by Section 188(2) of the 1999 Constitution and had not been given the opportunity by the assembly to respond to any alleged accusations justifying his removal from office as deputy governor.
The court has set April 19 for the hearing of the case. Earlier, on Monday, Shaibu was impeached by the state’s house of assembly following the panel’s findings of guilt for perjury and leaking government secrets. The panel concluded its sitting on April 5 with Shaibu or his counsel failing to appear.
