A Federal High Court in Abuja on Wednesday, nullified the impeachment of Phillip Shaibu as the Deputy Governor of Edo State.
Justice James Omotosho, in a judgment, ordered his reinstatement to the office on the grounds that the Edo State House of Assembly failed to comply with due process in the purported impeachment.
Justice Omotosho held that the allegation on which the House of Assembly based the impeachment proceedings was untenable in law and did not constitute a gross misconduct.
The judge, therefore, ordered the Inspector-General (I-G) of Police to provide him with needed security to enable him resume office and perform the functions of the office until the end of his tenure.
Justice Omotosho equally set aside the appointment of another deputy governor in the place of Shaibu.
The News Agency of Nigeria (NAN) reports that Shaibu, who was in court, shed tears of joy upon hearing the judge’s pronouncements.
NAN reports that on April 8, the state House of Assembly impeached Shaibu.
Shaibu’s impeachment followed the adoption of the report of a seven-man committee set up by the chief judge of Edo Justice Daniel Okungbowa to investigate allegations of misconduct against the deputy governor.
During plenary at the assembly complex in Benin, the Majority Leader of the House Charity Aiguobarueghian said the report of the seven-man judicial panel of inquiry presented to the House had two findings and one recommendation.
Aiguobarueghian said that while the report of the panel was unable to establish the case of perjury levelled against the deputy governor, the panel found him guilty of disclosure of government secrets.
According to the report, the seven-member judicial panel of inquiry recommended that the deputy governor be impeached on grounds of disclosure of government secrets.
The Clerk of the House Yahaya Omogbai conducted a head count of the lawmakers who voted for and against the impeachment of Shaibu.
Eighteen out of 19 members present at plenary voted for the impeachment of the deputy governor while one abstained from the head count and voting process.
The clerk of the House stated that 2/3 (16 members of the House) was needed to carry out the impeachment (NAN)