Joel Osaigbovo Aluge, Reporting, Benin City
A Federal High Court in Abuja has refused to grant an ex-parte motion filed by the Deputy Governor of Edo State, Philip Shaibu, seeking an interim order to stop the impeachment process by the state House of Assembly.
In the motion marked: FHC/ABJ/CS/321/2024, the state government; the state governor; the state House of Assembly; the state House of Assembly Speaker; Clerk, the state Chief Judge; Inspector General of Police and Director General of the Department of State Services were listed as first to eight defendants.
Shaibu, in the suit, sought an order of the court restraining the third to fifth defendants from commencing any process by issuing a notice of allegation, holding proceedings, or setting up any panel of investigation for his removal pending the hearing of a motion on notice.
He also sought an interim injunction restraining the defendants whether by themselves or their agents, from interfering with the res/subject matter of the originating summons filed in the suit either by way of taking any adverse actions about any attempt or process targeted at his removal from office as the deputy governor pending the hearing of the motion on notice.
Other reliefs sought are, “An order of interim injunction restraining the 1st-8th defendants whether by themselves, their agents, privies, servants, officials, representatives and/or any other person or authority acting through them from preventing the plaintiff either by threat of removal from office or adverse actions capable of hindering the plaintiff from performing his official duties and discharging his responsibilities as the Deputy Governor of Edo State including, attending State Executive Council meetings/functions and other duties.
An order of interim injunction directing the defendants herein jointly, whether by themselves, their agents, privies, servants, officials, representatives, and/or any other person or authority acting through them to maintain status quo ante bellum prevailing before the issuance of the purported notice or petition to commence removal of the Plaintiff from office pending the hearing and the final determination of the Motion on Notice. ”
However, in the ruling dated March 13, which was sighted by our correspondent on Tuesday, the trial judge, Justice James Omotosho, declined the deputy governor’s prayers.
It read, “That the motion expartee for interim injunction dated and filed 8th day of March 2024 is hereby refused.”
Meanwhile, at the proceedings on Tuesday, the judge fixed Wednesday for hearing in another motion ex-parte brought by the plaintiff seeking substituted service on the defendants due to his inability to serve them.