James Omotosho, the presiding judge of the Federal High Court in Abuja, has for the second time, declined to grant the application by Philip Shaibu, Deputy Governor of Edo State, seeking to restrain Governor Godwin Obaseki and others from impeaching him.
The court however granted an application by Shaibu to serve Governor Obaseki with court documents through substituted means.
Shaibu, through his lawyer Oladoyin Awoyale, filed the motion dated March 8, seeking to sue Governor Obaseki, the Edo State government, the House of Assembly, and the Speaker as the 1st to 4th defendants, respectively.
Additionally, the Clerk of the Assembly, Chief Judge of Edo State, Inspector-General of Police (IGP), and Director-General of the State Security Service were joined as the 5th to 8th defendants.
Shaibu’s motion sought an order of interim injunction restraining the defendants from taking any action to remove him from office pending the hearing of the motion on notice.
However, Judge Omotosho refused the motion ex parte for interim injunction, stating, “The motion ex parte for interim injunction dated and filed 8th day of March 2024 is hereby refused.”
The judge ordered Shaibu’s lawyer to serve all the defendants with the court processes and hearing notices and adjourned until March 18 for further hearing.
During the resumed hearing on Wednesday, Awoyale informed the court that Governor Obaseki and the Edo House of Assembly, as the principal actors in the matter, had not been served.
While the 6th, 7th, and 8th defendants had been served, Awoyale requested the court to allow the service of court papers on Governor Obaseki and the State House of Assembly through substituted means.
Awoyale proposed that the court documents should be pasted at the gates of the Edo State Government House and the House of Assembly complex or served via courier service.
Additionally, Awoyale prayed the court for an order for parties to maintain a status quo pending the hearing and determination of the suit.
The judge granted the prayers for the court documents to be served on Governor Obaseki and the State House of Assembly through substituted means.
However, the application by Shaibu to maintain a status quo pending the determination of the suit was declined by the judge.
On March 6, the assembly served Shaibu with an impeachment notice after a petition against him was signed by 21 of 24 members of the legislative house.
