The seven-man panel set up by the Chief Judge of Edo State, Daniel Okungbowa, to investigate the impeachment petition against the State Deputy Governor, Philip Shaibu, on Monday commenced sitting with all members of the panel present.
According to reports, the Chief Judge of the state had on Friday, March 22, 2024 constituted the seven-man panel to investigate the petition of impeachment notice served on Shaibu in line with the resolution of the State House of Assembly.
The seven-man panel comprised Justice S.A. Omonua (rtd) as chairman, Professor Theresa Akpoghome, Oghogho Ayodele Oviasu, Surveyor Andrew Oliha, Idris Abdulkareen , President Aigbokhian and Mariam Erakhoba Ilavbare.
At the commencement of the sitting, Shaibu was represented by Professor Oladoyin Awoyale, SAN, while Joe Ohiafi, the deputy clerk, represented the Edo State House of Assembly.
Awoyale, in his submission, said a Federal High Court, Abuja, presided over by Justice J.E. Ekwo had ordered the panel to show cause why an interlocutory injunction to maintain status quo pending the determination of the case should not be granted to the plaintiff (Philip Shaibu).
He said the order was given March 28, 2024 while the case has been adjourned to April 8, 2024.
Awoyale, who cited several cases including those delivered by the Supreme Court judges, opined that an order of competent court is binding on all parties.
He said in line with the Federal High Court order, his client would not be able to participate in the panel’s proceedings, until the court decides in favour or otherwise.
“I submit respectfully that further taking part in this proceeding will amount to fait acompli, a situation of hopelessness”, he said.
He urged the panel to wait for the court decision slated for the adjournment day.
Opposing the submission of the respondent’s Counsel, Joe Ohiafi, counsel to the Edo State House of Assembly, urged the panel to overrule the submission of the respondent’s counsel noting that in line with Section 188 subsection 10 of the constitution of the Federal Republic of Nigeria, 1999 as amended, no court can invalidate the panel.
According to him, the panel is ordered to carry out its proceedings in line with Section 188 subsection 10 of the constitution of the Federal Republic of Nigeria, 1999 as amended.
He opined that by the section of the constitution, no proceedings or determination of the panel of this nature set up by the House of Assembly shall be quashed by any court.
He added that the panel is sui generic and cannot be frustrated by anybody.
The panel, however, adjourned to deliver ruling on the submission by the respondent.
The panel sitting is taking place at the Judges Conference Room, New High Court Complex, Benin City.
The State House of Assembly had on March 6, 2024 served impeachment notice on the deputy governor over alleged misconduct and perjury.