Justice Ahmed Mohammed of a Federal High Court sitting in Abuja, on Thursday adjourned till August 22, hearing in the suit filed by the Edo State Deputy Governor, Phillip Shuaibu over an alleged plan by the State governor, Godwin Obaseki to impeach him from office.
The court insisted on the earlier order that status quo ante bellum be maintained by the Inspector General of Police (IGP), State Security Service (SSS), Obaseki, Speaker, Edo State House of Assembly and the Chief Judge of Edo state, who are listed as defendants respectfully in the suit.
At the last adjourned date, Justice Mohammed ordered the respondents to appear before him, Thursday, to show cause why they should not be permanently restrained from impeaching the Edo State deputy governor.
However, when the matter was called on Thursday, counsel to the plaintiff, George Ibrahim, informed the court that the first and second defendants did not file any affidavit to show cause as directed by the court.
Responding, counsel to the second defendant (SSS) Harold I. told the court that the service only filed a counter affidavit to the originating summons of the plaintiff.
He said, “We are contending that we ought not to have been brought before the court, that is why we found it not necessary to show cause, as we have no business in the matter. We are waiting for the substantive application.”
The trial Judge however admonished the counsel that he should have, at least filed the process first and then mentioned his grievances in the said process for the court to take note of.
Although, the Inspector General of Police (IGP) was not represented in court, Justice Mohammed however adjourned the matter till August 22 and urged the SSS to file its affidavit to the order to show cause, parties should maintain status -quo ante bellum and that hearing notice be served on all the parties in the matter.
Shuaibu, in his originating summons, is praying the Court to determine whether, in view of the provisions of sections 186 and 193 of the 1999 Constitution, Governor Obaseki has the power to instigate the IGP and SSS to prevent him from accessing his office to carry out his Constitutionally guaranteed duties.
He is also asking the court to ascertain whether the Governor has power to instigate the Speaker and the Chief Judge to commence impeachment proceedings against him with a view to remove him from office on any other ground other than allegations of misconduct as contained in section 188 of the 1999 Constitution, among others.
The trial Judge had, on August 4, issued a temporary restraining order while ruling in a motion on notice filed by Shuaibu asking the court to stop the move to ease him out of office by his principal.
