EDHA Moves To Appeal Court To Stop Philip Shaibu Reinstall As DG ~ OsazuwaAkonedo #Asue #Awoyale #Chikere #Daniel #EDHA #Godwins #Ighodalo #James #Joe #Maryann #Obaseki #Ohaifa #Okungbowa #Oladoyin #Omobayo #Omonua #Omotosho #Philip #Sabina #Shaibu https://osazuwaakonedo.news/edha-moves-to-appeal-court-to-stop-philip-shaibu-reinstall-as-dg/18/07/2024/ #Breaking News Published: July 18th, 2024 Reshared: July 18, 2024 10:44 am Edo State House of Assembly has filed a stay of execution application at the Appeal
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00:00Edo State House of Assembly has filed a State of Execution application at the Appeal Court of Justice following the judgment of Federal High Court sitting in Abuja that ruled and declared the impeachment of Philip Shailo as Edo State Deputy Governor by the lawmakers as illegal, politically motivated, and ordered the Inspector General of Police to immediately mobilize his men to reinstate the impeached Deputy Governor.
00:18According to Channels Television, the Edo State House of Assembly, EDHA, appealed the judgment delivered by Justice J.K. Omotesho of the Federal High Court, Abuja, which set aside the impeachment of the State's former Deputy Governor, Philip Shailo, and also filed a State of Execution on the judgment pending the appeal.
00:33It would be recalled that the Edo State House of Assembly had on Monday, April 8, 2024, impeached Shailo following the adoption of the report of the several-man investigative panel set up by the State Chief Judge to probe allegations of misconduct against the former Deputy Governor.
00:47The investigative panel set up was headed by retired Justice S.A. Omoyua and probed Shailo on allegations of perjury and leaking of government secrets, ending its sit-ins with the former Deputy Governor refusing to appear before it.
00:57Shailo was impeached by the vote of 18 out of 19 members of the Assembly present at the plenary, while one abstained from the headcount and voting process.
01:05In the wake of Shailo's impeachment, Governor Godwin Obaseki picked Omobayo Mangalos Godwins as his deputy to complete his second tenure in office which will end on November 11, 2024.
01:14We have reported that the Federal High Court sitting in Abuja has ordered the Inspector General of Police to mobilize his men to reinstate Philip Shailo to continue his constitutional duties as Edo State Deputy Governor, ruling that his impeachment by the State House of Assembly is illegal and politically motivated.
01:28Justice James Omotesho of the Federal High Court in Abuja passed the judgment on Wednesday.
01:32Justice Omotesho, while delivering judgment in the lawsuit brought before the Court, ordered that Shailo be reinstated to office because the Edo State House of Assembly failed to comply with due process in carrying out impeachment on him.
01:43Justice Omotesho also set aside the appointment of the new Deputy Governor who was appointed by the Edo State Governor, Godwin Obaseki to replace Shailo.
01:50The Court held that the allegation on which the House of Assembly based the impeachment proceedings was untenable in law and did not constitute gross misconduct.
01:57He ordered the Inspector General of Police to provide him with needed security to enable him to resume office and perform the functions of the office until the end of his tenure.
02:06Justice James Omotesho held that the removal of the plaintiff, Shailo from office as Deputy Governor of Edo State and the subsequent appointment of Omawe Godwins as his replacement by the Governor of Edo State was illegal, unconstitutional, null and void.
02:18Reports from news reporters that covered the court proceeding indicated that the Court held there was a breach of the provisions of the procedure laid out in Section 188.1.9 in the way and manner the impeachment process was conducted.
02:29The Court noted that the ouster clause in Section 188.10 limiting the jurisdiction is not a stand-alone provision.
02:36The Court referred to the decision of the Nigerian Supreme Court in Inakuju v. Adeleke, 2007.
02:41Justice Omotesho held that the impeachment was politically motivated because of Shailo's aspiration to contest the office of Governor of Edo State.
02:48The Court, therefore, ordered the first defendant, the Inspector General of Police to immediately restore the security of the plaintiff, Shailo as Deputy Governor of Edo.
02:57State, the judgment has thrown supporters of Philip Shailo into mood of celebrations with some of the supporters seen in Edo North and parts of Benin City dancing on the streets.
03:05Some of the supporters of Shailo were also seen within the court premises, Abuja celebrating the court verdict.
03:11Earlier in April, 2024, we had reported that the Edo State House of Assembly has impeached the State's Deputy Governor, Philip Shailo over a court affidavit filed before the Federal High Court siting in Abuja.
03:21The Edo State House of Assembly has stated before the panel of investigations set up by the State Chief Judge that the affidavit filed by Philip Shailo contained information about the Edo State Executive Council meeting which 22 out of the 24 lawmakers in the Edo State House of Assembly considered such as leaking official secrets.
03:36Philip Shailo had approached Federal High Court in Abuja in 2023 praying the court to stop the conspiracy upload by the State Governor, Godwin Obaseki and members of the State Assembly to impeach him from office over his political ambition to contest as Governor in the forthcoming governorship election in the state.
03:51Philip Shailo in a video press release after his impeachment described his impeachment by the lawmakers as illegal, adding that the action of the lawmakers is a threat to democratic practice in the state.
04:01The lawmakers carried out the impeachment despite an order of court citing in Abuja asking the Assembly to stop action.
04:07It was gathered that the Assembly began sitting at 9.41am and voted for the impeachment of the Deputy Governor by a vote of 18 against one who voted against, among the 20 members present with the Speaker expected to be the deciding vote in case of a tie.
04:19Shailo, according to retired Justice Stephen Omonwa led 7-1 panel set up by the Chief Judge, CJ, of the State, Justice Daniel Okoboa, to investigate the allegation of gross misconduct leveled against the Deputy Governor, submitted that the Deputy Governor was guilty of disclosure of official secrets.
04:34In recent time, there was drama in the state's ruling political party, People's Democratic Party, PDP primary election to pick the flag bearer for the forthcoming governorship election.
04:44The impeached Deputy Governor, Philip Shailo was elected as the PDP governorship candidate during a parallel primary election conducted at a location in Benin City.
04:52Ashu Igodalo, reportedly the preferred choice of Governor Godwin Obaseki was also announced winner of another PDP primary exercise which took place at the Samuel Ogbemudia Stadium in Benin City, the Erdo state capital.
05:03Federal High Court sitting in Abuja had recently declared the election of Ashu Igodalo as PDP candidate as illegal, null and void.
05:10On the other side, the panel of investigation, however, exonerated the impeached Deputy Governor on the allegation of perjury as it was not, made up, that is proven.
05:19It would be recalled that on April 4th, Philip Shailo objected to the 7-member investigative panel proceeding with his planned impeachment, urging them to adhere to an interlocutory injunction issued by a Federal High Court in Abuja.
05:30On April 5th, the Deputy Governor failed to appear before the 7-man panel that prompt allegations of perjury and leaking of the government's secrets against him.
05:37Following the impeachment of Philip Shailo, Governor Obaseki swiftly moved to fill the vacancy by appointing Omobayo Manglose Godwin, a 37-year-old electrical electronics engineer with experience in the oil and gas sector.
05:48The newly appointed Deputy Governor of Erdo state, Manglose Omobayo, was sworn in Sunday Philip Shailo was impeached by the state chief judge, Daniel Okunbua.
05:56In his inaugural speech, Omobayo thanked his principal, Governor Godwin Obaseki, and the leadership of the People's Democratic Party, for finding him worthy of the appointment.
06:06He said,
06:36He said that he is very determined to bequeath a legacy of peace, unity, progress and visible development to Erdo state.
06:42A legacy that the next PDP regime will find exciting to proudly build upon and maintain the leadership position Erdo has achieved over time in the Committee of States in Nigeria.
06:50Born July 19th, 1986, Omobayo hails from Akoko Erdo local government area of the state.
06:56Meanwhile, the Erdo State House of Assembly had explained how the state's Deputy Governor, Philip Shailo, allegedly leaked the government's secrets and committed perjury, which, it said, were impeachable offenses.
07:07The Assembly, represented by its Deputy Clerk, Joe Ohaifa, stated its case at the inaugurated sitting of the several-man panel probe in Shailo.
07:15The panel, headed by retired Justice S.A. Omumuwa, was raised by the Erdo State Chief Judge, Justice Daniel Okumbuwa, at the instance of the State Assembly, which on March 5th commenced impeachment proceedings against the Deputy Government.
07:28The Assembly, according to PONT newspaper, said the impeachment proceedings were based on a petition accusing Shailo of perjury and leaking the government's secrets.
07:36The impeachment is believed to be the latest development in the rift between Shailo and his principal, Governor Godwin Obaseki.
07:42There had been an uneasy calm between the Deputy Governor and his principal since last year when Shailo declared his interest to join this year's Erdo Governorship race.
07:49Presenting the Assembly case, the Deputy Clerk said Shailo leaked the state's secrets in the affidavit he filed in support of an Abuja lawsuit.
07:56He said Shailo rendered documents relating to the State Executive Council's meeting.
08:00According to Ohaifa, Shailo violated the oath of secrecy he took and acted contrary to the provisions of Schedule 7 of the 1999 Constitution.
08:08The panel, after hearing the Assembly's case, adjourned for Shailo to enter his defense.
08:13Earlier at the proceedings, Shailo's lawyer, Professor Oladoyin Awoyole, S.A.N., had excused himself from the hearing after the panel declined his application to suspend the proceedings.
08:22Awoyole, in his submission, urged the panel to hold the impeachment proceedings pending the outcome of a suit filed by Shailo before the Federal High Court in Abuja.
08:30Awoyole told the panel that the Abuja court had fixed periods for parties in the suit to appear to show cause why it should not grant Shailo's prayer for an interlocutory injunction to hold the impeachment proceedings.
08:39But opposing the prayer, the Deputy Clerk said by virtue of Section 188.10 of the 1999 Constitution, no court had the right to prevent the House of Assembly or the 7-man panel from performing their constitutional duties.
08:52Ohaifa said Shailo's lawyer must convince the panel that the provisions of the Constitution have been altered for the panel to sustain his argument.
08:59In his ruling, the panel chairman, Justice Omonua, agreed with Ohaifa.
09:03The retired judge noted that the invitation for the parties to show cause was not an order to hold the impeachment proceedings.
09:09Justice Omonua said the panel would continue with the proceedings, and asked the House of Assembly to state its case.
09:15Responding to the ruling, Awoyole told the panel that his client would not be able to continue to participate in the investigation and sought the panel's permission to be excused.
09:23When asked whether he was waiving his rights to defend his client, the son answered in the negative, stressing that parties must obey the court's decision and that they should appear before it to show cause.
09:32Probed further if he was, arresting the ruling of the panel, Awoyole answered again in the negative and reiterated the need to obey the court which would be sitting on Monday, April 8, 2024.
09:41The Federal High Court in Abuja on Monday resumed sitting in the lawsuit filed by the impeached Edo State's Deputy Governor, Philip Shailo, challenging the move by the State House of Assembly to impeach him.
09:50The S.A.N., subsequently, took his leave.
09:53Justice I.E. Ekwa had on March 28 adjourned till April 8 for the defendants in the suit to appear before him to show cause while Shailo's prayer to hold the impeachment proceedings should not be granted.
10:02Since last year, the impeached Deputy Governor had been in the news from one case of intimidation to harassment allegedly by the State Governor.
10:09The Deputy Governor of Edo State, Philip Shailo, in one of the television interviews granted last year, said that his ambition is possible and he is 100% loyal to Obaseki.
10:19He made this known during a live interview with Arise News.
10:22Shailo said in quote, Ambition is personal, loyalty is given.
10:26I am 100% loyal to my governor and that is why he has, I have been intimidated and harassed.
10:32As I speak to you, I am relocated from government house.
10:35I didn't go to court to check the legality of that action.
10:38That is loyalty.
10:39My office for the fourth or fifth month, no allocation has been given to my office.
10:44And this evening, my ex told me that the governor has also instructed that the phone they used to give to my vehicle should no longer be given to the vehicle.
10:51So why all this?
10:52I cannot be intimidated.
10:54During the political battle last year, local media reported that the Edo State Governor, Godwin Obaseki, sacked the former permanent secretary of the State Sports Commission, Mrs. Sabina Chikere.
11:03Recall that Obaseki had in August redeployed Chikere from the Sports Commission to central administration, government house, Benin City, and refueled with his deputy, Philip Shailo.
11:13Mrs. Chikere, until her last redeployment, was also the general coordinator of Benin Insurance Football Club of Benin.
11:19She is a sister-in-law to the deputy governor, Shailo, who is at the moment enmeshed in a battle of wits with his principal, Obaseki, on the 2024 governorship succession plans.
11:29The former insurance general coordinator, Chikere, is the elder sister to the wife of the Edo State deputy governor, Mrs. Maria Shailo.
11:36A government house source who confirmed the development said it was not unconnected with the rift between Obaseki and his deputy.
11:42The source said Mrs. Sabina Chikere has been fired by Mr. Governor.
11:46The development is coming barely 72 hours after the Edo deputy governor, Shailo, initially withdrew his impeachment lawsuit against his principal, Governor Obaseki.
11:54Shailo had approached the federal high court in Abuja, seeking amongst others, an honor restraining Obaseki, the Speaker of the State House of Assembly, Chief Judge of Edo State, and others from commencing impeachment process against him.
12:06However, on September 5, 2023, the Edo deputy governor, Shailo, withdrew the lawsuit he filed at the federal high court, Abuja, and by thwarting the effort by his principal, Governor Obaseki, to unseat him, Shailo, from office.
12:19In a statement, Shailo said his decision was based on the need to respect the intervention of several prominent individuals, including religious and traditional leaders, while also appreciating the governor for agreeing to the peace initiatives.
12:31Punch Newspaper also reported that there was a mild drama last year August when a security aide to Edo State Governor, Godwin Obaseki, stopped his deputy, Philip Shailo, from accessing his principal.
12:41According to Punch Newspaper, this happened at the 32nd anniversary of Edo State, held at the new festival hall, Government House, Benin City, Edo State.
12:50In the photos obtained, a security operative was seen blocking Shailo's access to Obaseki during the event.
12:56But speaking after the event, Shailo had pledged his loyalty to his principal, despite their rift.
13:01This is coming after weeks of dispute between the governor and his deputy.
13:05The deputy had gone to a federal high court in Abuja and obtained an injunction to stop the governor and state assembly from plots to impeach him.