“the allegation on which the House of Assembly based the impeachment proceedings was untenable in law and does not constitute a gross misconduct.”
By Ajike Njoku
A Federal High Court in Abuja has voided the impeachment of Phillip Shuaibu as the Deputy Governor of Edo State.
Justice James Omotosho, in a judgment on Wednesday, ordered his reinstatement to office on the grounds that the Edo State House of Assembly failed to comply with due process in purporting to impeach Shuaibu.
Shuaibu, who was in court, shed tears of joy upon hearing the judge’s pronouncements.
Justice Omotosho held that the allegation on which the House of Assembly based the impeachment proceedings was untenable in law and does not constitute a gross misconduct.
The judge ordered the IGP to provide him with needed security to enable him resume office and perform the functions of the office until the end of his tenure.
Justice Omotosho set aside the appointment of another deputy governor in the place of Shuaibu. Impeachment is a political matter anyway. A governor or his deputy can only impeached on allegation of gross misconduct.
Now, S188 (11) of the constitution actually gives the state house of assembly the discretion to determine what can amount to gross misconduct. The provision itself only gives a sketchy definition of gross misconduct.
“In this section – “gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion in the House of Assembly to gross misconduct.”
Ideally, anything can be deemed to be his offense as per this provision.
The ouster clause on the court’s jurisdiction on impeachment matters extends to the nature of the allegations. It’s not the court’s business to ascertain the merit of the allegations.
One of the instances cited by the court that can amount to gross misconduct is changing of political parties.
So if defection, as politically contentious as it is, can amount to gross misconduct in the opinion of the house, why can’t ordinary aspiration of a deputy governor to contest for the governorship under the same party be counted as same?
I feel this decision was given per incuriam and will be upturned on appeal.
