The impeachment attempt by the governor of Edo State, Godwin Obaseki, against his deputy, Phillip Shuaib, due to their irreconcilable differences, has been temporarily halted by an order of the Federal High Court in Abuja.
The temporary injunction was made by Justice Ahmed Ramat Mohammed on Friday while making a decision about a motion on notice submitted by Shuaib, asking the court to halt his principal’s attempt to ease him out of office.
Justice Mohammed instructed the parties in the lawsuit to maintain “Status Quo Ante Bellum” in his ruling on the application presented by Moses Ebute SAN from the Abuja offices of Ogwu James Onoja SAN.
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The status quo ante bellum order issued on Friday will remain in effect until the defendants are required to provide justification as specified in another court decision issued on July 27, 2023.
By the’status quo ante bellum’ order, parties are to remain in the circumstances that existed prior to the filing of Shuaib’s lawsuit designated FHC/ABJ/ CS/1027/2023 against the defendants.
The defendants, listed in order of respective authority, are the Inspector General of Police (IGP), State Security Service (SSS), Edo Governor, Godwin Obaseki, Speaker of the Edo State House of Assembly, and Chief Judge of Edo State.
The Chief Judge was represented by Francis Ogbe at Friday’s proceedings, and the Speaker of the Edo State House of Assembly was represented by his attorney, Okotie Eboh. Both parties opposed granting Shuaib’s request but were unsuccessful in the Court’s decision.
After making his decision, Justice Mohammed ordered that the IGP, SSS, and Obaseki—who weren’t represented in court—be served with hearing notices and rescheduled the hearing in the case for August 10.
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In his originating summons, Shaibu asked the court to decide whether Governor Obaseki has the authority to direct the IGP and SSS to harass, intimidate, or molested him and prevent him from accessing his office to carry out his constitutionally guaranteed duties.
In addition, he asked the court to determine whether the Governor has the authority to request that impeachment proceedings be launched against him by the Speaker and Chief Judge in order to remove him from office for any reason other than allegations of misconduct, as provided for in section 188 of the 1999 Constitution.
The Deputy Governor also asked the Court to rule on whether Obaseki can consciously refuse to accompany him to or notify him of the State Executive Council (SEC) Meeting or any other meetings or functions inside or outside of Edo without breaking the express terms of the law in light of the provisions of section 193 of the 1999 Constitution.
Shuaib requested that the court rule that the IGP, SSS, and Obaseki had no authority to threaten, harass, embarrass, or molest him once the problems were resolved in his favour.
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He further asked the court to rule that Obaseki, the Speaker, and the Chief Judge had the authority to remove him from office on any basis other than egregious misbehaviour and that both the Speaker and the Chief Judge, taken together, lacked the necessary authority to appoint a seven-person panel of inquiry into the same matter.
Among other things, Shuaib asked for an order of injunction prohibiting the IGP, SSS, and Obaseki, as well as their agents and privies, from harassing, embarrassing, or intimidating him or putting a halt to him doing his legal duties.
Additionally, he requested an order of injunction prohibiting Obaseki, the Speaker, and the Chief Judge from acting in any way that would further the impeachment process. A second order specifically prohibited the Chief Judge from following Obaseki’s and the Speaker’s instructions to form any panel of inquiry with the intention of removing him from office.
The lawsuit has been postponed until August 10 in the interim.
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