By Joel Okwara
A Federal High Court in Abuja has shifted hearing till June 28 in a suit instituted by the impeached Deputy Governor of Edo State, Phillip Shaibu, against Governor Godwin Obaseki and others.
The suit, seeking to declare the impeachment of Shuaib as unlawful, illegal, unconstitutional, null and void, was put off by Justice James Kolawole Omotoso on Wednesday, June 5, following absence of some of the defendants in court.
At Wednesday’s proceedings, lead counsel to Comrade Shaibu, Ayotunde Ogunleye (SAN), informed the court that the matter was initially slated for Monday, June 3, which was affected by the nationwide strike by the organised labour.
Ogunleye drew the attention of Justice Omotoso to an earlier order that, all parties must file and exchange their processes based on the abridgement of time and accelerated hearing granted in respect of the suit.
Since some of the defendants were not in court and not represented by legal practitioners, the senior lawyer sought adjournment, which Justice Omotoso fixed for June 28 for hearing.
However, the Judge warned that he would not tolerate any further delay from parties in the matter, adding that any party seeking objections against the suit must do so along with the substantive matter.
The New Diplomat recalls that two weeks ago, Justice Omotoso granted permission to Shaibu to join the Speaker of Edo State House of Assembly in the suit challenging his impeachment before the court, even as the court granted his plea to join his successor as a defendant in the suit.
Ruling on an application, Justice Omotoso agreed with the plaintiff’s counsel, Ogunleye (SAN), that both the Edo Assembly Speaker and the new Deputy Governor were necessary parties in the suit.
The Judge held that under Section 188 of the 1999 Constitution (as amended), the name of the Speaker features prominently in the impeachment process, hence, he must be brought to court for an order that would be made legally binding on them.
Justice Omotoso had dismissed the objections raised against the motion on notice by the Speaker and the Deputy Governor for being frivolous and without merit.
The Judge invoked Order 17 Rule 1 of the Federal High Court, and ordered that the Speaker and the Deputy Governor be joined in the suit.
The court also granted permission to Shaibu to amend his originating summons in the suit, to reflect the names of the Speaker and the Deputy Governor as the 9th and 10th defendants in the case.
