Panel refuses to halt proceedings on Shuaibu’s impeachment, adjourns to April 4
…Overrules Edo deputy gov on discontinuation of hearing
…Shaibu opts out of participation
By Elvis Omoregie, Benin
The retired JusticeS.A. Omonuwaseven-man panelset up by the Chief Judge (CJ), of Edo State, Justice Daniel Okungbowa, to investigate allegations of gross misconduct levelled against the embattled deputy governor of the state, Comrade Philip Shaibu, on Wednesday ruled that the panel would continue its investigation as there was no court order stopping it.
The ruling came after the counsel to Shaibu, Professor Oladoyin Awoyale (SAN), raised an objection to the continuation of the investigation.
Awoyale stated that his objection is in view of the order of an Abuja Federal High Court which adjourned the case filed before it by Shaibu to April 8, 2024.
The Federal High Court, Abuja, according to him, adjourned the case for parties in the matter to come and shows cause why the court should grant or refuse the prayers for interlocutory injunction against the impeachment processes initiated by the Edo State House of Assembly against the deputy governor.
Justice Omonuwa (Rtd), however, ruled that the Federal High Court in Abuja only asked parties to come and show cause why the court should grant or refuse the prayers for interlocutory injunction.
Ohiafi Joe, Deputy Clerk, Legal, Edo State House of Assembly, counsel to the House of Assembly, while arguing his position, said that by virtue of the provisions of the Constitution of the Federal Republic of Nigeria, Section 188 (10), as amended, no court has the right to prevent the House of Assembly, or the panel so set up, from performing its constitutional responsibilities.
Ohiafi further argued that Awoyale (SAN), must convince the panel that the provision of the constitution had been altered for the panel to sustain his argument.
In his ruling, the chairman of the panel, Justice Omonuwa (Rtd), said that the panel would continue and asked the House of Assembly to state it’s case.
Responding to the ruling, Awoyale 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.
When asked whether he was waving his right to defend his client, the SAN answered in the negative, stressing that parties must obey the court decision that they should appear before it to show cause.
Probed further if he was “arresting the ruling of the panel,” Awoyale (SAN) answered again in the negative and reiterated the need to obey the court which would be sitting on Monday, April 8, 2024.
The Chairman of the panel, Justice Omonuwa (Rtd) said the panel is continuing with the investigation and adjourned sitting for 4th of April, 2024.
