A federal High Court in Abuja has refused to grant an ex-parte motion filed by the Deputy Governor of Edo State, Philip Shaibu, seeking an interim order to stop the impeachment process by the state’s House of Assembly.
This was contrary to reports by other news outlets that the
court had granted the order.
In the motion marked FHC/ABJ/CS/321/2024, the Edo State
Government, Edo State Governor, Edo State House of Assembly, Edo State House of
Assembly Speaker, the Clerk of the Assembly, the Chief Judge of Edo State,
Inspector General of Police and Director General of the Department of State
Services were listed as the first to eighth defendants.
Shaibu, in the suit, sought an order of the court
restricting the third to fifth defendants from commencing any process by
issuing a notice of allegation, holding proceedings, or setting up any panel of
investigation for his removal pending the hearing of a motion on notice.
He also sought an interim injunction restraining the
defendants, whether by themselves or their agents, from interfering with the
subject matter of the originating summons filed in the suit either by way of
taking any adverse actions in relation to any attempt or process targeted at
his removal from office as the deputy governor of Edo State pending the hearing
of the motion on notice.
Other reliefs sought are: “An order of interim injunction
restraining the 1st to 8th defendants, whether by themselves, their agents,
privies, servants, officials, representatives, and or any other person or
authority acting through them, from preventing the plaintiff either by threat
of removal from office or adverse actions capable of hindering the plaintiff
from performing his official duties and discharging his responsibilities as the
Deputy Governor of Edo State, including attending State Executive Council
meetings, functions and other duties.
“An order of interim injunction directing the defendants
herein jointly, whether by themselves, their agents, privies, servants,
officials, representatives, or any other person or authority acting through
them, to maintain status quo ante bellum prevailing before the issuance of the
purported notice or petition to commence removal of the Plaintiff from office
pending the hearing and the final determination of the motion on notice. ”
However, in the ruling dated March 13, which was sighted on Tuesday, the trial judge, Justice James Omotosho,
declined the deputy governor’s prayers.
It reads: “That the motion ex-parte for interim injunction
dated and filed 8th day of March 2024 is hereby refused.”
Meanwhile, at the proceedings on Tuesday, the judge fixed
Wednesday for hearing in another motion ex-parte brought by the plaintiff
seeking substituted service on the defendants due to his inability to serve
them.
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