By Ehichioya Ezomon
Reproduced herein is a draft of the article intended for Monday, July 22, 2024, before it’s “overtaken” by the Thursday, July 18, 2024, alleged attempt by political thugs to “assassinate” either or both of court-reinstated Deputy Governor of Edo State, Comrade Philip Shaibu, and the candidate of the All Progressives Congress (APC) in the September 21, 2024, Edo governorship election, Senator Monday Okpebholo (APC, Edo Central).
The focus of the KIV-ed article is the favourable judgment that Shaibu got from the Abuja Federal High Court, restoring him to his office, and whether Governor Godwin Obaseki – who instigated his impeachment by the Edo State House of Assembly – will honour the court order not to interfere with or prevent Shaibu from carrying out his duties as the Deputy Governor of Edo State.
Noting that Obaseki – like most of his peer-Governors – has no appetite for court rulings that disfavour him and his government, the article concludes that Obaseki may rather run out the clock, by appealing the Abuja court judgment, to forestall Shaibu’s return to office as Deputy Governor of Edo State. (That prediction has come true, with the Obaseki government parading copies of a stay of execution and appeal it filed on the same day of the court judgment, and the governor threatening lately – at a political event – that “Nigeria will burn” if Shaibu’s reported hired thugs repeated their alleged attacks on innocent Edolites, and destruction of property in Benin City, Edo State capital city.) Happy reading!
“From the Federal High Court in Abuja on Wednesday, July 17, 2024, it’s a mixed grill of “you win some, you lose some” for reinstated Deputy Governor of Edo State, Comrade Philip Shaibu, whose impeachment by the Edo State House of Assembly on April 8, 2024, was nullified by the court.
“If you didn’t peruse the mainstream media, you wouldn’t know that this pronouncement came from the same court on the same day, as only one aspect of the judgment trended on social media – to the effect that the court had upheld the candidacy of Dr Asue Ighodalo of the Peoples Democratic Party (PDP) for the September 21, 2024, governorship election in Edo State.
“The court gave Ighodalo judgment on the grounds that he’s duly nominated at the PDP primary on February 22, 2024; the plaintiffs’ case lacked merit, as they failed to provide sufficient evidence to prove that Ighodalo had forged his permanent voter’s card (PVC); and that the action was statute-barred and consequently merited to be struck out.
“The other ruling – which should’ve gained equal or a measure of prominence in the media – is the reinstatement of Shaibu as the Deputy Governor of Edo State – a position he’s sacked from by the House of Assembly over alleged gross misconduct, which stemmed from his aspiration to succeed Governor Godwin Obaseki in office in November 2024.
“Interestingly, Shaibu had initiated the suit, marked CS/469/24, at the Abuja court presided by Justice Kolawole Omotosho, who held that Shaibu’s impeachment was ‘illegal, unconstitutional, null, and void,’ on the premise that it’s ‘in gross violation of the provisions of both sections 188 and 35 of the 1999 Constitution (as amended).’
“Recall that Obaseki and Shaibu decamped mid 2020 to the opposition PDP when then-ruling APC in Edo State refused them a return ticket for that year’s September governorship poll, which they subsequently won, and rejoiced and danced together publicly, to mock their traducers in the APC’s National Working Committee (NWC), headed by former Edo State Governor Adams Oshiomhole, who’s Obaseki and Shaibu’s acclaimed political godfather.
“But the politically-motivated love lust between Obaseki and Shaibu didn’t last, as Shaibu expressed his aspiration to succeed Obaseki, who’s already grooming a ‘successor’ in Dr Ighodalo, the governor’s Lagos-based friend and business associate, who’s nominally present in Obaseki’s government as Chairman of ‘Alaghodaro’ – the administration’s annual economic summit.
“Failing to dissuade Shaibu from his governorship ambition, Obaseki reportedly put in motion a plan to induce the House of Assembly to impeach Shaibu, who preempted such an eventuality with a writ at a Federal High Court court in Abuja, which restrained Obaseki, the House of Assembly and security agencies from giving effect to sack Shaibu as Deputy Governor.
“Beaten in his own game, Obaseki denied the plot, and gave Shaibu a false sense of security, prompting Shaibu to publicly apologise for his indiscretion of taking out the suit against Obaseki, who accepted the contrition, and hoped that Shaibu won’t breach it – by persisting in his bid to be Governor in 2024.
“That’s not to be, as to Obaseki’s discomfeiture, Shaibu stepped up consultations within and outside Edo State, to realise the governorship. That’s when the governor deployed his ‘Plan B’ to checkmate Shaibu by undermining his office as Deputy Governor: Bar him from direct communication with the governor; prevent his attendance at official engagements involving Obaseki or representating the governor or government; relocate the Deputy Governor’s office outside the Osadebey Avenue Government House in Benin City; and allocate the office to ‘Alaghodaro’ as a secretariat – and thus Ighodalo as a ‘de facto Deputy Governor.’
“Having literally made Shaibu orphan and homeless, Obaseki pressed on with the ultimate strategy of impeaching him, which the House of Assembly carried out on April 8, dismissing an Abuja Federal High Court’s injunction as an interference in the internal affairs of the legislative arm of government.
“Subsequently, Shaibu and his pro-delegates were allegedly prevented from participating at the PDP-organised governorship primary that returned Ighodalo as candidate of the party, having scored 577 votes to defeat 10 other aspirants, ‘including Shaibu,’ who’s returned at a parallel primary he won with 301 votes as the sole contestant.
“It’s a combination of alleged undue election of Ighodalo as candidate of the PDP, Ighodalo’s purported forgery of a PVC of the Independent National Electoral Commission (INEC), and Shaibu’s own impeachment on April 8 that Shaibu and others took before the Federal High Court, Abuja, on which Justice Omotoso made pronouncements on July 17.
“As per the judgment in a suit marked, CS/469/24, as first reported by Vanguard on July 17, the court upheld the nomination of Dr. Ighodalo as the PDP candidate for the 2024 Edo State gubernatorial election, and dismissed the case filed by Philip Shaibu, challenging Ighodalo’s nomination.
“In his ruling, Justice Omotoso held that, ‘Ighodalo was duly nominated’ during the party’s primary on February 22, 2024, at the Samuel Ogbemudia Stadium in Benin City, with Ighodalo emerging victorious by ‘securing 577 votes to defeat Shaibu and 10 other aspirants.’
“‘The court further determined that the plaintiffs’ case lacked merit, as they failed to provide sufficient evidence to prove that Ighodalo had forged his voter’s card. Moreover, the court ruled that the action was statute-barred and consequently struck it out.’
“Ruling on Shaibu’s impeachment, the court reinstated him as Deputy Governor of Edo State, with Justice Omotosho declaring the purported ouster by the Edo State House of Assembly as “in gross violation of the provisions of both sections 188 and 35 of the 1999 Constitution (as amended), and thus, ‘illegal, unconstitutional, null, and void.’
“‘Aside from restoring him (Shaibu) to office as the Deputy Governor, the court held that all his salaries, allowances, and benefits should be paid to him from April 8 (2024), when he was illegally impeached, until the expiration of his tenure.
“‘The court issued an order of perpetual injunction, restraining Governor Godwin Obaseki and the Edo State House of Assembly from stopping Shaibu from performing the functions of his office.’
“Noting that the reason the Edo Assembly gave for impeaching the plaintiff was ‘lame and smacked of an ochestrated political vendetta,’ the court ordered the Inspector General of Police to ‘immediately restore all his (Shaibu’s) security details.’
“It’s a bitter-sweet judgment for Comrade Shaibu. While he may’ve lost his bid for Governor in 2024 – unless he’s a favourable judgment on appeal – Shaibu’s retained his office as Deputy Governor of Edo State, with all his entitlements, rights and privileges restored from the date of his impeachment.
“The poser is: Will Governor Obaseki obey the court verdict and its declarative orders? Obaseki – like most Governors across Nigeria – has no respect for court rulings that disfavour him and his government. The Edo House of Assembly, the state’s Chief Judge and Governor Obaseki had disobeyed the Abuja Federal High Court’s order to maintain the status quo, and to show cause why the Shaibu prayer against his impeachment moves shouldn’t be granted.
“It’s Obaseki’s choice to obey the instant court order, or simply go on appeal, as a delay tactic, to frustrate the judgment, and forestall Shaibu’s return to the government as Deputy Governor till November 2024, when the incumbent administration hands over to a new government.
“The Edo people are watching – and waiting with bated breath – to see if the proverbial leopard can change its spots, especially in the homestretch of campaigning for the September 21 election for which Obaseki’s “anointed” and is supporting Dr Ighodalo to succeed him!”
•Mr Ezomon, journalist and media consultant, writes from Lagos, Nigeria
