Court strikes out motion seeking to set aside Shaibu’s reinstatement

Justice James Omotosho of the Federal High Court in Abuja, on Tuesday, dismissed two separate motions filed by the Edo State Government and the State House of Assembly against the reinstatement of Philip Shaibu as the Deputy Governor of the State.

The court also awarded a total cost of ₦400,000 against the Edo State Government and the State Assembly.

Justice Omotosho awarded the costs against the State Attorney-General and the State Assembly in favour of Shaibu after the counsel for the State Attorney-General, Marvin Omorogbe, and that of the House of Assembly, Sonia Egbunia, indicated their intention to withdraw the motions for stay of execution.

Egbunia informed the court that although the matter was scheduled for hearing because the record of appeal had been transmitted to the Court of Appeal, she would be withdrawing the motion they filed on July 19 for stay, as would Omorogbe, who sought to withdraw their motion for stay filed on July 18.
Shaibu’s counsel, Reuben Egwuaba, who did not object to their withdrawal, urged the court to award a cost of ₦50 million each against the Attorney-General and the State Assembly.

He stated, “We are not objecting to the application for withdrawal; however, we are asking for a cost of ₦50 million each. Our reason for the substantial cost is that the order of your Lordship on July 17 is so clear and it was a declaratory order.”

The lawyer also stated that issues had been joined in the motion, as the Assembly and the Attorney-General knew that no stay of execution of such an order could have been granted by the court.
He added that the Assembly had been truncating the order of the court, which led to their filing of Form 48.

He also said the applicants were duly served with the court judgment, but their motions were filed as a way to interfere with the course of justice and to prevent Shaibu from benefiting from the fruits of his legal victory.

“We urge you to grant our prayer,” he appealed to the court.
Egbunia and Omorogbe objected to Egwuaba’s application for an award of fines against them.

While delivering the ruling, Justice Omotosho held that he could not grant the application for a stay of execution, as he had previously given a judgment reinstating Shaibu and proceeded to strike out the suit, awarding ₦200,000 each against the applicants.

Recall that Justice Omotosho, in a judgment on July 17, voided Shaibu’s impeachment as the Deputy Governor of Edo State.

He ordered his reinstatement to office, holding that the State House of Assembly failed to comply with due process in the said impeachment.

He further held that the allegations on which the Assembly based the impeachment proceedings were untenable in law and did not constitute gross misconduct.