On Thursday, the Edo State government appealed to Justice James Omotosho of the Federal High Court in Abuja to stay the execution of the judgment reinstating Philip Shaibu as the Deputy Governor of the state.
In an application submitted by their lawyer, Oluwole Iyamu (SAN), the state argued that Shaibu’s return should be delayed until the appeal against his reinstatement is resolved. The government expressed concerns that Shaibu’s reinstatement would disrupt government operations, citing his recent public declaration of support for the All Progressives Congress (APC), a rival political party.
The state suggested that Shaibu could be adequately compensated financially if the Court of Appeal ultimately upholds his reinstatement. “Monetary damages would be an adequate compensation to the first respondent (Shaibu) should it turn out that this application ought not to have been granted,” the state stated.
The Edo State House of Assembly filed a similar application through its lawyer, Ken Mozia (SAN), also seeking to stay the execution of the July 7 judgment that reinstated Shaibu.
Justice Omotosho scheduled the hearing for both applications on September 24.
Shaibu was impeached on April 8, 2024, after a seven-member investigative panel led by retired Justice S. A. Omonuwa, appointed by the Edo State Chief Judge Daniel Okungbowa, recommended his removal based on charges of misconduct, perjury, and disclosure of government secrets.
Challenging his impeachment, Shaibu filed a suit marked FHC/ABJ/CS/478/2024. The Attorney General sought two orders: one to stay the execution of the judgment reinstating Shaibu pending the appeal’s outcome, and another to restrain the respondents from enforcing the July 17 judgment until the appeal is heard and determined.
The applicants argued that their right to appeal would be compromised if their application was denied. The lawmakers requested an order suspending the judgment and preventing Shaibu from acting as deputy governor or attending official functions until their appeal is heard and resolved.