The 7-man panel set up by Hon. Justice Daniel Okungbowa, the Chief Judge of Edo State to investigate the impeachment allegations against the Edo State Deputy Governor, Rt. Hon. Philip Shaibu on Wednesday in a ruling by the Chairman has decided to set aside an interlocutory order preventing the Chairman and three other members from participating in the impeachment proceedings on account of bias.
The suit was filed on behalf of the Deputy Governor by his legal team at the Federal High Court Abuja, and were able to secure the order to stop the panel Chairman and members from proceeding with their inaugural sitting.
Professor Oladoyin Awoyale(SAN), Counsel to the Comrade Shaibu, advised the seven-man panel at its inaugural sitting, on Wednesday morning to obey the interlocutory order made by the Abuja Federal High Court.
Professor Awoyale said the decision of the panel to continue with its inaugural proceedings amounts to a “deliberate act of disobedience of a court order and an attempt to foist a fait accompli on the court.”
He hinged his stance on the order of Hon Justice I.E Ekwo of Federal High Court sitting in Abuja, which gave an interlocutory order for proceedings of the panel to abate pending the return date when the Chairman and 3 other members of the panel will show cause.
The court had adjourned the matter to Monday, April 8, 2024 for the respondents to show cause why the relief sought by the applicant should not be granted.
The deputy governor’s counsel further submitted that with the ruling of the Federal High Court Abuja, all parties must abide by the interlocutory order of the court, adding that continuing with the panel would amount to undermining the rule of law.
However, counsel to the House of Assembly, who is the Deputy Clerk, Legal Department, Joe Oaifi Esq, argued that the panel’s sitting was supported by Section 188 (10) of the 1999 Nigerian Constitution, as amended, which forecloses any court from preventing the House of Assembly and the panel from discharging its constitutional responsibilities.
The panel’s Chairman had gone on a short adjournment to determine whether or not they will proceed in the light of the arguments. In his ruling, after about 2 hours of adjournment, the Chairman agreed with the submission of the counsel for the House of Assembly and said the panel will proceed with its sitting.
Counsel for Comrade Shaibu had to excuse himself from the inaugural proceedings of the panel, in obedience of the order of court. Subsequently, the panel continued with its sitting and adjourned at about 2.30pm to reconvene on Thursday, April 4, 2024.
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