Justice Ahmed Ramat Mohammed has issued a temporary order restraining Governor Godwin Obaseki and others from impeaching Philip Shuaibu, the deputy governor of Edo State.
The Judge gave the order on Friday following an ex-parte application filed by Mr Shuaibu through his lawyer.
Mr Shuaibu approached the Federal High Court in Abuja in an ex-parte application dated July 28, seeking to restrain governor Obaseki from removing him from office.
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Background
In the suit marked FHC/ABJ/ CS/1027/2023, the defendants include : the Inspector General of Police (IGP), State Security Service (SSS),Governor Godwin Obaseki, the Edo state House of Assembly Speaker and state Chief Judge, as 1st to 5th respectfully.
Obaseki and Philip were elected in 2016 to succeed former governor Adam Oshiomhole, a serving senator.
However, Mr Shuaibu is alleging that Obaseki is preventing him from performing his duties as the deputy governor of the state.
Consequently he approached the court seeking to stop the defendants in the suit from initiating impeachment proceedings against him.
In the suit filed by Ogwu Onoja, Shuaibu’s lawyer, he is asking the court to restrain the “defendants from intimidating, embarrassing and preventing Mr Shuaibu from carrying out the functions of his office as deputy governor of Edo State, including attending the state executive council meeting.”
Obaseki accused the governor of using the state police command and SSS to intimidate, harass and embarrass him.
He said the Chief Judge of the state and the Speaker of the state House of Assembly are plotting alongside the governor to impeach him.
Part of his affidavit of urgency reads “The 3rd defendant (Mr Obaseki) has hatched plans to impeach me, and the court needs to urgently intervene in restraining him and all the other defendants acting in concert with him”
He also asked the court to determine whether Mr Obaseki’s alleged action of using the SSS and police to prevent him from performing the duties of his office does not violate the constitution.
He also asked the court to determine whether Obaseki has the powers to instigate the parliament and state Chief Juddge to commence impeachment proceedings against him.
Another prayer is for the court to determine “whether in view of the provisions of section 193 of the 1999 Constitution, Obaseki can deliberately refuse to carry him along or informing him of the State Executive Council (SEC) Meeting or any other meetings or functions within and outside Edo without violating the express provision of the law.
In the same vein, He is seeking for a declaration that the IGP, SSS and Obaseki lacked power to intimidate, harass, or embarrass him.
He is also asking the court to declare that Obaseki,the state Speaker and the Chief Judge lacked power to impeach him on any ground other than gross misconduct:
Finally, He prayed for an order of injunction restraining IGP, SSS and Obaseki and their agents and privies from harassing, embarrassing,, intimidating and preventing them from stopping him to carry out his legitimate functions.
Court`s decision
Ruling on the ex-parte application, Justice Ahmed Ramat Mohammed issued a temporary order restraining Obaseki from impeaching Mr Shuaibu.
Justice Mohammed directed the parties in the suit to maintain “Status Quo Ante Bellum”.
The judge adjourned the matter till August 10, adding that the IGP, SSS and Obaseki who were not represented in court be served with hearing notices.