The Certified True Copy (CTC) of Tuesday’s Appeal Court judgement has shown that the fate of the impeached Deputy Governor of Edo State, Philip Shaibu has not been decided, as he was served Notice of Appeal same day.
The CTC made available to journalists on Wednesday, revealed that the Court had granted the application by the Edo State House of Assembly to withdraw its interlocutory appeal after Shaibu was formally served the Appeal Court notice.
But Shaibu had claimed that the Appeal Court had dismissed the appeal of the Edo State House of Assembly seeking to uphold his impeachment.
The appeal with case no: CA/ABJ/CV/645/2024 is presided by Justice Hamma A. Barka, Justice Usman A. Musale, and Justice Okon E. Abang, of the Appeal Court sitting in Abuja.
The application was granted in the absence of any objection to the application.
The CTC also confirmed that the bailiff had served the 2nd respondent, the Inspector General of Police on August 15, 2024.
According to the CTC, the counsel to the appellant (the Edo State House of Assembly), Olusegun Jolaawo, SAN, had noted that “We have filed a Notice of withdrawal of the appeal since we have another appeal before the court which will take care of the instant situation.”
In granting the application, the Appeal Court stated that “There being no objection, Appellants application seeking the withdrawal of this appeal is granted and by dint of 011 R6 of the rules of this court. Appeal with No. CA/AB)/CV/645/2024 is hereby dismissed.
The Edo State House of Assembly, had on Monday, April 8, 2024, impeached Philip Shaibu following the adoption of the report of the seven-man investigative panel set up by the State Chief Judge to probe allegations of misconduct against the former deputy governor.
The investigative panel set up by the EDHA was headed by Justice S.A. Omonua (retd.) and probed Shaibu on allegations of perjury and leaking of government secrets, ending its sittings with the former deputy governor refusing to appear before the panel.
Shaibu was impeached by the vote of eighteen out of 19 members of the Assembly present at plenary, while one abstained from the headcount and voting process.
Hon. Justice J. K. Omotosho of the Federal High Court, Abuja, had however faulted the impeachment of Shaibu.
The State Assembly immediately appealed the judgement and also filed a stay of execution on the judgement pending appeal.