The judge, however, granted the Edo deputy governor leave for substituted service on some of the defendants in the case.
A Federal High Court in Abuja, on Wednesday, declined to grant an application by the Deputy Governor of Edo State, Philip Shaibu, which sought to stop Governor Godwin Obaseki, the Edo House of Assembly and others from continuing with the impeachment process against him.
Mr Shaibu wanted the court to order the assembly and others to maintain the status quo pending the hearing and determination of the substantive suit.
But the judge, James Omotosho refused to grant the oral application made by Mr Shaibu's lawyer, Oladoyin Awoyale.
The case
The News Agency of Nigeria reports that the embattled deputy governor, in a motion ex-parte, sued the Edo State Government, Governor Obaseki, Edo House of Assembly and speaker as 1st to 4th defendants respectively.
Also joined in the suit are the clerk of the assembly, chief judge, inspector-general of police and director-general of the State Security Service as 5th to 8th defendants respectively.
In the motion dated and filed on 8 March, Mr Shaibu sought an order of interim injunction restraining the 3rd to 5th defendants from interfering with the subject matter of the originating summons.
He also sought an order of interim injunction restraining the defendants jointly or severally from taking any adverse actions in relation to any attempt or process targeted at his removal from office as deputy governor of Edo pending the hearing of the motion on notice.
He urged the court to make an order restraining the 1st to 8th defendants from preventing him from performing his official duties and discharging his responsibilities, including, attending the State Executive Council meetings, functions and other duties.
NAN recalls that Justice Omotosho, on 13 March, refused to grant the ex-parte motion after it was moved by Mr Awoyale.
The judge, instead, ordered the lawyer to serve all the defendants with the processes and hearing notices and adjourned until 18 March for hearing.
Court proceedings
But on Tuesday when the matter came up, Mr Awoyale told the court that he was unable to serve some of the defendants and the judge adjourned until today to hear another motion filed.
Upon resumed hearing on Wednesday, Mr Awoyale informed the court of his application dated 8 March.
He said the motion sought an order granting leave to them to effect service of the originating summons and other processes on the 1st and 2nd defendants by substituted means, through pasting the documents at the gate of Edo State Government House or by courier service.
The lawyer said the motion also sought an order granting leave to effect service of the processes on the 3rd and 4th defendants by substituted means, through pasting it at the Edo House of Assembly gate or by courier service.
He urged the court to grant their prayers. He said the 6th, 7th and 8th defendants had been served in the matter.
Mr Awoyale then prayed the court for an order for parties to maintain a status quo pending the hearing and determination of the suit. He cited previous cases to back his submission.
But Justice Omotosho turned down Mr Awoyale's request for an order for parties to maintain the status quo.
"Counsel, you know that it is not possible," he said
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The judge held that the previous case cited by the lawyer was not applicable in the instant suit.
He said that in the authority cited, all the parties in the suit had been served, but in the present case, some parties were yet to be served.
"Today, we are just seeking leave to serve the parties by substituted means. So can this court grant this, the answer is no," the judge said.
Leave for substituted service
Justice Omotosho, however, advised the lawyer to apply for a fiat, through the chief judge of the Federal High Court, so that their case could be heard during vacation as the court would commence its vacation on Friday.
The judge granted the leave for substituted service as prayed by the lawyer, and then adjourned the matter until 15 April for hearing.
