The Justice Stephen Omonua (rtd)-led seven-member probe panel investigating the Edo State Deputy Governor Philip Shaibu for alleged wrong doings has concluded it’s sitting at Edo State High Court Complex, Benin
When the panel resumed sitting on Friday, Shaibu and his lead counsel, Prof. Oladoyin Awoyale (SAN), were absent.
They were absent also the previous day bring Thursday.
Their absence atvithe panel was attributed to disobedience of the March 28, 2024 interlocutory order of the Federal High Court (FHC), Abuja, presided over by Justice Inyang Ekwo.
Omonuwa said: “The panel adjourned sitting till today (Friday) for the last time for the respondent (Shaibu/counsel) to present his defence, and the respondent is still not before the panel.
“The panel is therefore closing its sitting to retire to consider its report as provided by the constitution.”
Other members of the panel include Prof. Theresa Akpoghome, Oghogho Ayodele Oviasu, Dr. Andrew Oliha, Idris Abdulkareen, President Aighokhian and Mariam Erakhoba Ilavbare.
Edo State Chief Judge, Justice Daniel Okungbowa, who constituted the panel on March 25 to probe the allegations levelled against Shaibu, is billed to soon receive the report from the seven members for the state’s lawmakers to proceed with Shaibu’s removal or not.
The panel’s first sitting was on Wednesday, where the deputy governor’s lead counsel said it would not be part of the as doing so would amount to “fait accompli,” adding that continued sitting of members amounted to contempt of the court.
According to him, all parties in the FHC Abuja suit ought to obey the interlocutory order, which asked them to show cause why the injunction to maintain status quo ante bellum, pending the hearing and determination of the originating motion on notice, should not be granted.
The order also directed the parties to appear before the presiding judge on April 8, 2024, to show cause why the relief sought by Shaibu should not be granted, particularly the enforcement of fundamental human rights prayer, tabled before the court by the embattled deputy governor.
The FHC Abuja suit before Justice Ekwo has as defendants the Inspector-General of Police (IGP); the Department of Security Services (DSS); Omonua, representing himself and the members of the panel; Edo Chief Judge and the state’s House of Assembly.
Awoyale said the panel’s members continuing to sit would amount to undermining the rule of law, and then took the leave of the panel to excuse himself and his client from continuing with the panel’s proceedings.
The counsel to Edo State House of Assembly, Joe Ohiafi, on Wednesday opened and closed his case, while he insisted that Section 188 (10) of the Constitution of the Federal Republic of Nigeria (as amended) foreclosed any court from preventing the lawmakers and members of the panel from discharging their constitutional responsibilities.
Ohiafi said only the lawmakers can determine what could constitute gross misconduct, adding that by the deputy governor attaching documents relating to the state’s Executive Council’s meetings to the case he filed last year at the FHC, Abuja, which he later withdrew owing to intervention of eminent Nigerians, he had breached/violated his oath of office, and committed gross misconduct.
Omonuwa, argued that the deputy governor’s case at the FHC, Abuja was neither here nor there, adding that the section of Nigeria’s constitution empowered and protected the panel from external interference.
He maintained that members of the panel would continue to sit.
At Thursday’s sitting, the Principal Legal Officer of Edo House of Assembly, N.U. Ibrahim, who initiated the impeachment proceedings, announced his appearance with two other lawyers.
Members of the panel then fixed yesterday (Friday) for final adjournment for Shaibu or his counsel to defend himself.
