At its first meeting on Wednesday, the seven-member investigating panel for Philip Shaibu, the deputy governor of Edo State, who was charged with misconduct.
The panel decided to proceed with its investigation because there was no court injunction preventing it from doing its job.
The panel headed by retired Justice S.A Omonua made the ruling following Mr Shaibu’s lead counsel, Oladoyin Awoyale’s objection to continuation of proceedings based on an order from the federal high court, Abuja which had adjourned the case filed before it by Shaibu till April 8.
The adjournment was for parties to come show cause why the court should grant or refuse the prayers for interlocutory injunction against the impeachment processes by the Edo State House of Assembly instituted against the deputy governor.
The deputy clerk of the House of Assembly, Joe Ohiafi, opposing the objection relied on section 188(10) of the constitution of the Federal Republic of Nigeria, 1999 as amended and argued that no court has the right to prevent the house of assembly or the panel from performing its constitutional duties.
The chairman of the panel in his ruling said the federal high court only asked parties to come and show cause and thereafter asked the House of Assembly to state its case.
The counsel to Shaibu in his response to the ruling opted to discontinue participation in the panel’s proceedings as doing so would amount to foisting a fait acompli on the federal high court, Abuja and a violation of the court’s order. He therefore sought the panel’s permission to be excused from the proceedings.
He, however, responded in the negative when asked whether he was waiving his right to defend his client but maintained that parties are bound to obey the court’s order to appear before it to show cause.