Legal Victories for Rt Hon Shaibu: When Lying Backfired By Inwalomhe Donald
A Benin High Court has struck out the criminal trial case of alleged tax clearance certificate forgery against Edo state deputy governor, Hon. Philip Shaibu. The powers of the court was drawn from section 308 of the 1999 Constitution which confers immunity against prosecution on Hon. Philip Shaibu who “has metamorphosed to a deputy governor.” The Judge who struck out the suit marked 8/ ICPC/1/13 and dated October 8, 2013, insisted that the decision was based on Hon. Shaibu’s new status as the deputy governor of the state. Shaibu was a lawmaker in the state House of Assembly, representing Etsako West Constituency II when he was alleged to have made a false statement to the officers of ICPC by claiming that he was an employee of Zanote Ventures Nigeria Limited from 2003 to 2006.
Delivering the ruling, the trial judge said: “the deputy governor of Edo state can no longer stand trial in this court by virtue of the immunity he enjoys under section 308 of the constitution of the Federal Republic of Nigeria.” Consequently, he said, the proper thing to do is for the accused to be discharged. The Judge dismissed the charges following the application of the Counsel to the accused, Ken Mozia (SAN) who cited relevant authorities to convince the judge.
It will be recalled that his trial had suffered setback when the court held that the tax certificate file got missing, following the death of the permanent secretary in charge of the Agency, Mr. Sunday Okundia, according to the former Acting Executive chairman of the Agency, Barrister Emmanuel Usoh. The verdict of the court was delivered the same day, the deputy governor joined the state governor, Godwin Obaseki at the palace of the Oba of Benin.
The former Majority Leader was charged by the Independent Corrupt Practices Commission, ICPC, for alleged criminal falsification of his tax clearance certificate and got legal victory in the case. A poorly hatched plan to smear the character of Deputy governor of Edo State, Rt Hon Philip Shaibu went awry in 2015 when the general public was informed of alleged tax clearance certificate forgery. Shaibu’s political adversaries are disappointed that the case had suddenly come to a cul-de-sac having been handed the short end of the judicial stick, the deputy governor is savouring his justice and immunity from the long arm of the law. The protracted legal battle over his University of Jos Certificate was won by him. Critics are disappointed to the extent that they believed that the matter should be reported to the National Judicial Council, NJC because there is really nothing you need to say other than well, this is the fact. The story further claimed that Shaibu was involved in alleged tax clearance certificate forgery then concluded with the usual attacks on the deputy governor’s person and achievements. I was horrified to read that. Ever since, the case had suffered series of setbacks and adjournment with the prosecution finding it difficult to get officials of the state board of internal revenue to appear before the court to produce required document. By October 24, 2016 the court adjourned further hearing till November 21, 2016. By Section 308 of the constitution, Shaibu is automatically immune from criminal process even as those processes began when he was not yet the deputy governor.
It suddenly dawned on me that most of the stories I had read on facebook and elsewhere may have been written by same person. The dubious story about the tax clearance certificate forgery was fabricated to create the impression that Shaibu forged tax clearance certificate. But writer and his sponsors had failed to think this one through and created a terrible mess out of it. As a public affairs analyst from Edo State, I was horrified to see first-hand and for the first time, the web of lies that the aides to PDP leaders and their internet boys have been weaving around deputy governor Shaibu which I now deeply regret that I had believed all along to be true. I am one of the many Edolites who erroneously follow the writer on facebook thinking that his stories which are always critical of deputy governor Shaibu were factual and true. But I felt gutted and disgusted that when I noticed how they had cleverly framed deputy governor Shaibu up with a totally false story that was made believable by the fact that the deputy governor tax clearance certificate of 2006 now became a case of legal tussle in 2016. I felt pity for the deputy governor who has been repeatedly cast in bad light by “clever” people. Indeed, after watching that sordid alleged tax clearance certificate forgery and University of Jos Certificate. I decided that I would not forgive myself if I failed to write what I saw and share with my fellow people of Edo State and other Nigerians before it is too late.
Hon Shaibu is one of those politicians on whom mother luck had smiled. He had done the round in elective position; from the legislative at the local to the federal levels to the executive now as deputy governor of Edo State. Philip Shaibu, former member of the federal House of Representatives was sworn in as the deputy governor Saturday 12th of November, to run office with Godwin Obaseki in the affairs of Edo State for the next four years. It was a big celebration for the people of the state, with hope that the new team will build on the development championed by Adams Oshiomhole in the last eight years.That was fulcrum of the campaign by the All Progressives congress, APC, the party that produced Obaseki.
But besides the jubilation in the state, the exercise means more to Shaibu. It is that with the swearing in as deputy governor and the protection under the law that he cannot be prosecuted for criminal matter while in office, the case of alleged forgery against him may have to wait until he leaves office. Perhaps the matter has been decided and another victory for Hon Shaibu.
For shaibu and his teeming supporters the legal victory is cheering news as they went into frenzy of jubilation. To us the decision of the court was a masterstroke that has sent the case into judicial hibernation, if not perpetual slumber. The Edo State High Court has struck out the case of certificate forgery levelled against the Deputy Governor in line with section 308 of the 1999 constitution..
Inwalomhe Donald, public affairs analyst writes from Benin City, Edo State(inwalomhe.donald@yahoo.com
