Politics
Court Refuses To Stop Edo Assembly From Impeaching Dep Gov
On Wednesday, the Abuja Division of the Federal High Court declined to grant an application by the Deputy Governor of Edo State, Philip Shaibu, directing Governor of the State, Godwin Obaseki, the House of Assembly and others, in the case he (Shaibu) instituted against his impeachment, to maintain the status quo pending the hearing and determination of the substantive suit.
The development occurred after Justice James Omotosho refused to grant the oral application made by Mr Shaibu’s lawyer, Oladoyin Awoyale, to the effect.
In a motion ex parte marked FHC/ABJ/CS/321/2024, the embattled deputy governor had sued the Edo government, governor, House of Assembly, and Speaker as the first to fourth defendants.
The suit also named the Clerk of the House, Chief Judge, Inspector-General of Police, and Director-General of State Security Service as the fifth and eighth defendants.
In the motion dated and filed March 8, Mr Shaibu sought an interim injunction restraining the third to fifth defendants from interfering with the subject matter of the originating summons.
He also sought an order of interim injunction restraining the defendants jointly or severally from taking any adverse actions in relation to any attempt or process targeted at his removal from office as Deputy Governor of Edo State pending the hearing of the motion on notice.
He urged the court to make an order restraining the 1st to 8th defendants from preventing him from performing his official duties and discharging his responsibilities, including attending the State Executive Council meetings/functions and other duties.
On March 13, the judge refused to grant the ex-parte motion after Mr Awoyale moved it.
Instead, the judge ordered the lawyer to serve all the defendants with the processes and hearing notices and adjourned until March 18 for the hearing.
But on Tuesday, when the matter came up, Mr Awoyale told the court that he could not serve some of the defendants, and the judge adjourned the matter to Wednesday to hear another motion filed.
Upon resumed hearing on Wednesday, Mr Awoyale informed the court that he had a humble application dated March 8. He said the motion sought an order granting leave to them to effect service of the originating summons and other processes on the first and second defendants by substituted means, such as pasting the documents at the gate of the Edo government House or by courier service.
The senior lawyer said the motion also sought an order granting leave to effect service of the processes on the third and fourth defendants by substituted means, through pasting it on the parliament’s gate or by courier service.
He urged the court to grant their prayers.
He said the sixth, seventh and 8th defendants had been served.
Mr Awoyale then prayed the court for an order for parties to maintain a status quo pending the hearing and determination of the suit.
He cited previous cases to back his submission.
But the judge turned down Awoyale’s request for an order for parties to maintain status quo.
“Counsel, you know that it is not possible,” he said.
The judge held that the previous case cited by the lawyer was not applicable in the instant suit.
He said that according to the authority cited about the military administrator of Lagos, all the parties in the suit had been served, but in the present case, some parties had yet to be served.
“Today, we are just seeking leave to serve the parties by substituted means. So, can this court grant this? The answer is no,” the judge said.
The judge, however, advised the lawyer to apply for a fiat through the Federal High Court chief judge so that their case could be heard during vacation, as the court would commence its vacation on Friday.
The judge, who granted the leave for substituted service as prayed by the lawyer, adjourned the matter until April 15 for a hearing.
In a statement on Saturday, the former Senate Leader stated that the allocation of nominees across states and geopolitical zones falls short of the constitutional requirement for fair representation in the composition of the Federal Government.
The ex-Senate Whip warned that allowing the list to pass could deepen ethnic suspicion at a time when the administration should be consolidating national unity.
He highlighted disparities in the spread of nominees, noting that while some states have three or four slots, others have none. He also cited the inclusion of Senator Adamu Garba Talba from Yobe, who reportedly died in July.
“The entire North-East states have seven nominees in the list. Further checks revealed that the South-West geo-political zone has 15 nominees, while North-West and South-East have 13 and 9, respectively.
“North-Central region has 10 nominees in the list of career and non-career ambassadorial nominee while South-South parades 12 nominees,” Senator Ndume said.
According to him, such imbalances could heighten tensions and undermine Section 14(3) of the Constitution.
“My sincere appeal to President Tinubu is to withdraw this list. At this critical juncture in his administration, he should avoid missteps that could undermine national unity and foster ethnic distrust.
“I know him to be a cosmopolitan leader who is at home with every segment and stakeholder in the country. He should withdraw that list and present a fresh set of nominees that will align with the spirit of the Constitution on the Federal Character Principle,” Senator Ndume added.
He accused the legislators of undermining the sanctity of the legislature and acting as instruments of destabilization.
“The members of the Rivers State House of Assembly have, by their actions since they assumed office, shown that they are political puppets and a clog in the wheels of democratic progress,” Comrade Ememobong stated, adding that “They will go down in history as enemies of democracy and those who made mockery of the legislature.”
“So the easiest way to describe their action is a defection from APC to APC,” he said.
Comrade Ememobong announced that the party would deploy constitutional provisions to reclaim its mandate from those who have “ignobly and surreptitiously” abandoned the platform on which they were elected.
“Consequently, the PDP will take legal steps to activate the provision of the Constitution of the Federal Republic of Nigeria (1999 as amended) to recover the mandate gained under the banner of our party which these people have now switched to another platform,” he said.
He urged party members in Rivers State to remain calm and steadfast.
“We urge all party members in Rivers State to remain faithful and resolute, as efforts are underway to rebuild the party along the path of inclusiveness, fairness and equity,” Comrade Ememobong assured.
As the news of the defection of 17 members of Rivers State House of Assembly from the Peoples Democratic Party (PDP )to the All Progressives Congress (APC) continue to make the rounds, a cross section of Rivers people who spoke to The Tide have expressed varying views regarding the development.
At Etche, a senior lecturer with the Rivers State University, who did not want his name in print, said even though defection was the right of politicians, peace and stability remained more fundamental than any action that could further challenge the fragile political situation in the state at the moment.
He also warned that the situation should not be used to witch-hunt any one, adding that the state had suffered enough and needed to be at peace.
In his reaction, Engr Polycarp Geoffrey said even though citizens and residents of the state had cause to be concerned about the decision of the lawmakers, there was nothing to worry about if it was done in good faith.
“I don’t think there is any big deal about it – defection is defection. But people are worried because of past events in the state. So, for me, I don’t see anything about it”, he said.
Engr Geoffrey also urged the Governor Siminalayi Fubara to also openly declare political affiliation in a bid to douse the political tension in the state and to provide clarity regarding his future political direction.
Another respondent, Mr Ebere Alex, alleged ulterior motive behind the law makers’ defection but urged both the law makers and the governor to work for the peace and development of the state.
However, speaking on the development, a chieftain of the PDP in the state, Hon Nname Ewor, told The Tide that said his party would reach out to the remaining lawmakers who have not defected.
He also denied an alleged internal squabble within the PDP, adding that there was no crisis in the party.
It would be recalled that 17 members of the Rivers State House of Assembly led by the Speaker, Rt Hon. Martin Amaewhule, during plenary last Friday, announced their migration from the PDP to the APC, citing internal party crisis.
Other members who also defected were the Deputy Speaker, Rt Hon. Dumle Maol, representing Gokana Constituency; House Leader, Hon. Major Jack, representing Akulga Constituency 1 and Deputy Leader, Hon. Linda Somiari-Stewart, representing Okrika Constituency; Hon. Solomon Wami, Port Harcourt Constituency 1 and Hon Granville Tekena Wellington representing Asari Toru Constituency 1; Hon. Ofiks Kagbang, representing Andoni Constituency; Hon. Peter Abbey representing Degema Constituency; Hon. Arnold Dennis representing Ogu/Bolo Constituency; Hon. Chimezie Nwankwor representing Etche Constituency 2 and Hon. Franklin Nwabochi representing Onelga Constituency 1.
The rest were, Hon. Azeru Opara, representing Port Harcourt Constituency 3; Hon. Smart Adoki representing Port Harcourt Constituency 2; Hon. Igwe Afforji ,Eleme Constituency and Hon. Lolo Opuende representing Akuku Toru Constituency 2.
By: John Bibor
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