(SINL NIGERIA) A Federal High Court in Abuja on Tuesday, struck out the two separate motions filed by the Edo Government and the House of Assembly challenging the reinstatement of Philip Shaibu as deputy governor.
Justice James Omotosho, in a ruling, also awarded the cost of N200, 000 each against the state government and the assembly, making a total of N400, 000.
The development followed an application by lawyer to the state’s Attorney-General (AG), Marvin Omorogbe, and that of the house of assembly, Sonia Egbunia,seeking to withdraw the motions for stay of execution.
Although Reuben Egwuaba, who appeared for Shaibu did not opposed their intention to withdraw the two motions, he, however, asked the court for a N50 million cost each against the AG (3rd defendant) and the assembly (6th defendant).
Justice Omotosho had, on July 17, voided the impeachment of Shuaibu as the deputy governor of Edo.
The judge, in a judgment, ordered his reinstatement to office on the grounds that the house of assembly failed to comply with due process in the purported impeachment.
Justice Omotosho had held that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute a gross misconduct.
The judgment was on the suit marked: FHC/ABJ/CS/478/2024 with Shuaibu as the plaintiff.
The reinstated deputy governor had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the AG, Chief Judge of Edo, Speaker of Edo House of Assembly and the Edo State House of Assembly as 1st to 6th defendants respectively.
Dissatisfied with the judgement, the AG, through his lawyer, Oluwole Iyamu, SAN, and the assembly’s counsel, Ken Mozia, SAN, filed separate motions for stay of execution before Justice Omotosho.
The judge fixed Sept. 24 for hearing of the two motions.
When the matter was called on Tuesday, Egbunia, who represented the assembly, told the court that though the matter was slated for hearing, she said in view of the fact that the record of appeal had been transmitted to the Court of Appeal, she would be withdrawing the motion for stay which they filed on July 19.
Also, Omorogbe, who appeared for the AG, sought to withdraw their motion for stay filed on July 18.
They said similar motion had been filed at the Court of Appeal,” she said.
Responding, Egwuaba did not oppose the application for withdrawal.
“However, we are asking for a cost of N50 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 declaration order,” he said.
The lawyer, who argued that issues had been joined in the motion, said the assembly and the AG knew that no stay of execution of such order could have been granted by the court.
He said the assembly had been truncating the order of the court and that was what led to their filing of Form 48.
He said they were duly served with the court judgment but their motions were done in a way to interfere with the course of justice and to prevent Shaibu from benefitting from the fruit of his legal victory.
“We urge you to grant our prayer,” he said.
Egbunia and Omorogbe objected to Egwuaba’s application for award of fines against their clients.
Ruling, Justice Omotosho, struck out the two motions seeking for stay.
The judge then ordered that the house of assembly and the AG should pay a N200, 000 fine each in favour of Shaibu.
