FROM IKHILI EBALU, BENIN CITY
Edo State government said yesterday that the application by the House of Assembly to withdraw its interlocutory appeal against the impeached Deputy Governor, Philip Shaibu was formally served at the Appeal Court, after weeks of deliberate evasion.
The CTC made available to journalists yesterday revealed that the court had granted the application by the House 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 seeking to uphold his impeachment.
The appeal with case no: CA/ABJ/CV/645/2024 was presided over by Justices Hamma Barka, Usman Musale Justice Okon 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 second respondent, the Inspector-General of Police, IGP, on August 15.
According to the CTC, counsel to the appellant (the Edo State House of Assembly), Olusegun Jolaawo, SAN, had noted that “We 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, the 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 Assembly, had on Monday, April 8, impeached Shaibu, following the adoption of the report of the seven-man investigative panel set up by the chief judge to probe allegations of misconduct against him.
The investigative panel 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 it.
Shaibu was impeached by 18 out of 19 members of the Assembly present at plenary, while one abstained from the headcount and voting process.
Justice J.K Omotosho of the Federal High Court, Abuja, had however faulted the impeachment.
The Assembly immediately appealed the judgement and also filed a stay of execution pending appeal.
