Abuja, Sept. 24, 2024 (TheGavel) – A Federal High Court in Abuja has struck out two separate motions filed by the Edo State Government and the Edo House of Assembly, challenging the reinstatement of Philip Shaibu as deputy governor. Justice James Omotosho delivered the ruling on Tuesday, awarding costs of N200,000 each against the state government and the assembly, totaling N400,000.
The motions were initially filed by Attorney-General Marvin Omorogbe and House of Assembly lawyer Sonia Egbunia, seeking to withdraw requests for a stay of execution related to the court’s previous ruling. Reuben Egwuaba, representing Shaibu, did not oppose the withdrawal but requested a N50 million cost against both the Attorney-General (3rd defendant) and the assembly (6th defendant).
Justice Omotosho had previously ruled on July 17 that Shaibu’s impeachment was void due to the assembly’s failure to follow due process. He ordered Shaibu’s reinstatement, stating that the allegations against him did not amount to gross misconduct, and highlighted that the assembly’s actions were legally untenable. The suit was filed under case number FHC/ABJ/CS/478/2024, with Shaibu listed as the plaintiff.
After the judgment, the Attorney-General, through his lawyer Oluwole Iyamu, SAN, and the assembly’s counsel Ken Mozia, SAN, filed separate motions for a stay of execution, which were scheduled for hearing on September 24.
When the case was called on Tuesday, Egbunia informed the court of her intention to withdraw the assembly’s motion, citing the transmission of the record of appeal to the Court of Appeal. Similarly, Omorogbe sought to withdraw the motion for the Attorney-General. Both indicated that a similar motion had been filed at the appellate court.
Egwuaba did not oppose the withdrawal but insisted on the substantial costs, arguing that the order issued by Justice Omotosho on July 17 was clear and constituted a declaration order. He asserted that both the assembly and the Attorney-General had interfered with the court’s order, leading to the filing of Form 48, which indicates a breach of court order.
Despite objections from Egbunia and Omorogbe regarding the application for fines, Justice Omotosho ruled to strike out the two motions for a stay of execution and ordered the Edo House of Assembly and the Attorney-General to pay N200,000 each to Shaibu. (NAN)
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