The retired Justice S.A. Omonuwa’s seven-man panel set up by the Chief Judge (CJ), of Edo State, Justice Daniel Okungbowa, to investigate allegations of gross misconduct levelled against the embattled deputy governor of the state, Comrade Philip Shaibu, on Wednesday ruled that the panel would continue its investigation as there was no court order foreclosing it.
The ruling came after the counsel to Shaibu, Professor Oladoyin Awoyale (SAN), objected to the continuation of the investigation given the order of an Abuja Federal High Court which adjourned the case filed before it by Shaibu to April 8, 2024, for parties in the matter to come and show cause why the court should grant or refuse the prayers for interlocutory injunction against the impeachment processes initiated by the Edo State House of Assembly against the deputy governor.
Justice Omonuwa (Rtd), while giving his ruling said the Federal High Court in Abuja only asked parties to come and show cause
Ohiafi Joe, Deputy Clerk, Legal, Edo State House of Assembly, counsel to the House of Assembly, had, while arguing his position, said that by the provisions of the Constitution of the Federal Republic of Nigeria, Section 188 (10), as amended, no court has the right to prevent the House of Assembly, or tue panel so set up, from performing its constitutional responsibilities.
Ohiafi further argued that Awoyale (SAN), must convince the panel that the constitution provision had been altered for the panel to sustain his argument.
In his ruling, the chairman of the panel, known in political parlance as “Seven Wise Men”, Justice Omonuwa (Rtd), said that the panel would continue and asked the House of Assembly to state its case.
Responding to the ruling, Awoyale told the panel that his client could not continue to participate in the investigation and sought the panel’s permission to be excused.
Also read: Impeachment: Edo CJ constitutes panel to probe allegations against Philip Shaibu
When asked whether he was waving his right to defend his client, the SAN answered in the negative, stressing that parties must obey the court decision and that they should appear before it to show cause.
Probed further if he was “arresting the ruling of the panel”, Awoyale (SAN) answered again in the negative and reiterated the need to obey the court which would be sitting on Monday, April 8, 2024.
Professor Oladoyin Awoyale (SAN), counsel to the embattled deputy governor of Edo State, Comrade Philip Shaibu, before the seven-man panel set up to investigate allegations of gross misconduct levelled against the deputy governor, took his exit from the panel at exactly 12:59 pm on Wednesday after the panel ruled thank it would continue with the investigation despite the objection raised by the SAN.
Awoyale, who had earlier objected to the continuation of the investigation based on the matter before an Abuja Federal High Court which asked all parties to come before it on Monday, April 8, 2024, to show cause while it would or would not grant the reliefs of enforcement of fundamental human rights filed by Shaibu, said that continuing with the investigation would amount to “fait accompli”.
When the panel sustained the argument of the counsel to the House of Assembly, Ohiafi Joe, Deputy Clerk, Legal Department, that by section 188 (10), as amended, no court has the right to prevent the House of Assembly, or tue panel so set up, from performing its constitutional responsibilities, Awoyale exited the panel.
The Senior Advocate of Nigeria, however, declined to speak to the press.
Ruling on the exit of the SAN, the Chairman of the panel, Just S.A. Omonuwa, said that the decision of the counsel to the deputy governor would not vitiate the panel from discharging its duty.
Justice Omonuwa (Rtd) called on the House of Assembly to present its case against the deputy governor.
The sitting continues.
