The Justice Stephen Omonua (rtd)-led seven-member probe panel was again shunned by Edo State Deputy Governor, Comrade Philip Shaibu, and his lead counsel, Prof. Oladoyin Awoyale (SAN), yesterday, just as they did on Thursday.

Shaibu and Awoyale’s refusal to appear before members of the panel was hinged on its disobedience of the March 28, 2024 interlocutory order of the Federal High Court (FHC), Abuja, presided over by Justice Inyang Ekwo.

Rounding off the sitting at Edo State High Court Complex, Benin, Omonua 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.”

The 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 inaugural sitting of the panel occurred on Wednesday, with the lead counsel to Shaibu declaring that participating in the proceedings of the panel would amount to “fait accompli,” adding that continued sitting of members amounted to contempt of the court.

He said that 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 declared that 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 noted that only members of the House of Assembly could 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.

Omonua, in the panel’s decision, stated that Shaibu’s suit at FHC, Abuja was neither here nor there, while maintaining that the section of Nigeria’s constitution empowered and protected the panel from external interference, and insisted 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 to enable Edo deputy governor or his counsel to defend himself.

At yesterday’s sitting, Edo House of Assembly was still represented by Ibrahim and two others: Favour Atakpu and William Omogbai.

It will be recalled that Edo State Chief Judge, on March 25, reconstituted the seven-member panel, which he initially put together on March 22 before two professors, Violet Aigbokhaebo and Boniface Onomion Edegbai, declined to serve on the panel to investigate the allegations as contained in the March 6, 2024 impeachment notice by the members of Edo House of Assembly.

Okungbowa reconstituted another panel in line with Section 188 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Edo lawmakers, on March 19, through a resolution by 19 of the 24 members, directed the chief judge to constitute the seven-member panel.

Obaseki, a chieftain of the Peoples Democratic Party (PDP), is backing a Lagos-based lawyer, Dr. Asue Ighodalo, to succeed him on November 12 this year, while Shaibu insisted that he remained the standard bearer of PDP in Edo for the September 21 governorship election, and declared that he would win the election on account of his popularity and acceptability as a “home boy”.

Meanwhile, a lawyer and member of the Tinubu-Shettima Grassroots Independent Campaign Council (TSGICC), Chief Okoi Obono-Obla, has declared that embattled Edo State Deputy Governor, Mr. Phillip Shuaibu is in a corner where no one can help him out of the onslaught that appeared to have been orchestrated by his principal.

Obono-Obla said the constitution of Nigeria makes the position of Deputy Governor too vulnerable to the whims of a state governor and it may become necessary to consider a constitutional amendment to abolish it altogether.

with The Nation in Abuja, Obono-Obla, who was Special Assistant to President Buhari on Prosecution and later, Chairman of the Special Presidential Investigation Panel for the Recovery of Public Property, emphasised that no individual or even a court of law can save Shaibu from his current situation.

He said: “I feel sorry for the Deputy Governor of Edo State, Philip Shuiabu, because nothing is going to save him from impeachment. Even though Philip Shuiabu has challenged the impeachment proceedings against him in the Federal High Court, I don’t see the Court saving him.

“The Constitution has ousted the jurisdiction of the court to hear or determine any proceedings of the panel or of the House of Assembly or any matter relating to such proceedings or determination being entertained or questioned in any Court.

“In law, when the jurisdiction of the Court has been taken away, there is nothing anybody can do. It is the end of the matter.”

Speaking further, Obono-Obla noted that a trend of impeachment threats from vindictive governors has been a consistent feature in Nigeria over the years.

“I feel Sorry for the Deputy Governor of Edo State, Hon. Philip Shuiabu and I think the position of Deputy Governor should be abolished by the Constitution. Rather, the Speaker of the State House of Assembly should succeed any state governor in the event of death or resignation or removal from office of the Governor.

END.