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| Photo combo of Philip Shaibu and Godwin Emefiele |
Chief Okoi Obono-Obla
DAILY COURIER - Today, the Edo State House of Assembly has impeached the embattled state’s deputy governor, Comrade Philip Shaibu.
The impeachment followed the adoption of the report of the seven-man investigative panel set up by the assembly to probe allegations of misconduct against Shaibu.
I had previously in reaction to the end of the proceedings of the panel set up to investigate the former Deputy Governor said that his impeachment is a forgone conclusion based on precedence seen since 1999.
I have been vindicated.
When the process for impeachment has commenced against the President, Vice President,Governor, and Deputy Governor, no court has the power to look into it or entertain a suit challenging its competence.
However, the fact that the Constitution has ousted the jurisdiction to entertain any suit challenging the competence of an impeachment panel is not exculpatory of the bounded constitutional duty of a House of Assembly or the impeachment panel. complying with the due process of the law or respecting the fundamental human rights of a fair hearing of the person set out to be impeached.
Where the House of Assembly or the impeachment panel fails to ensure that the due process of the law or the right to fair hearing of the person set out to be impeached,the entire impeachment process is bound to be set aside by the Court.
There are several or a plethora of cases laid down by the court over the years concerning the impeachment of Governors and Deputy Governors by States Houses of Assembly and impeachment panels for brazen violation of the Constitution or infringement of the right to a fair hearing of the person set out to be impeached.
Examples include Peter Obi,Senator Rashidi Adewolu Ladoja versus INEC (S.C. 120/2007); Hon. Michael Dapianlong vs.Chief (Dr) Joshua Chibi Dariye (39/2007),Hon. Muyiwa Inakoju vs Hon. Abraham Adeolu Adeleke (S.C. 272/2006)(2007), and Prince Eze Madumere etc.
In all these cases are examples, the impeachment of the officeholder was set aside because of the failure to comply with the due process of the law.
Therefore, Comrade Philip Shuiabu can avail himself of the principles enunciated by the court in this legion of decided cases if he strongly feels his fundamental right to fair hearing was abused or the due process of the law as laid down in the Constitution.
• Chief Okoi Obono-Obla is a lawyer and former SSA to the President, Office of the Honourable Attorney General of the Federation and Minister of Justice (2016 to 2019).
