Hon. Chris Osa Nehikhare, the state commissioner for communication and orientation, stated this in a press statement issued on behalf of the state government on Monday and made available to journalists in Benin.
Recall that the Edo State House of Assembly impeached Comrade Philip Shaibuz on Monday, April 8th, 2024, following the adoption of the report of a seven-man panel of investigation set up by the Chief Judge of Edo State to probe allegations of misconduct against Shaibu
The investigative panel, headed by Justice S. A. Omonuwa (rtd), probed Shaibu on allegations of perjury and leakage of government secrets and ended its session with Shaibu refusing to appear before it.
Shaibu was impeached by the vote of eighteen out of 19 members of the Assembly present at plenary, while one abstained from the headcount and voting process.
The State Governor, Mr Godwin Obaseki, had, upon the impeachment of Shaibu, picked Omobayo Marvellous Godwins as his deputy to complete his second tenure in office, which elapsed on November 11, 2024.
Dissatisfied with the impeachment processes and others, the former deputy governor, Shaibu, dragged the Edo State House of Assembly and others before Justice J.K. Omotosho of the Federal High Court, Abuja division, challenging his impeachment from office.
In delivering his judgement in the suit, Justice Omotoso held that the removal of the plaintiff, Shaibu, from office as Deputy Governor of Edo State and the subsequent appointment of Omobayo Godwins as his replacement by the Governor of Edo State was illegal, unconstitutional, null, and void.
The Court held that there was a breach of the provisions of the procedure laid out in Section 188(1) to (9) in the way and manner the impeachment process was conducted, noting that the ouster clause in Section 188(10) limiting the jurisdiction is not a stand-alone provision.
The Court referred to the decision of the Nigerian Supreme Court in Inakoju v. Adeleke (2007). therefore ordered the 1st Defendant, the Inspector General of Police, to immediately restore the security of the plaintiff as Deputy Governor of Edo State.
However, the state government claimed that Shaibu remains impeached; hence, every correspondence from him as deputy governor should be disregarded and considered forgery.
The statement maintained that the judgement of the Federal High Court, which reinstated Shaibu as Deputy Governor of Edo State, has been appealed against by the state government.
“It has come to the attention of the Edo State Government that the former Deputy Governor, Comrade. Philip Shaibu, has been carrying out correspondence with different institutions and organisations both within and outside the State in a clear case of impersonation.
“In the interest of the safety of these organisations, we want to restate that Shaibu is not the Deputy Governor of Edo State and every correspondence from him in that regard should be disregarded and considered a forgery.
“The issue of his purported reinstatement is still active in court, and the next hearing for the two separate motions filed by the State Government and the Edo House of Assembly challenging the purported reinstatement by Justice James Omotosho of the Federal High Court is fixed for 24 September 2024.
