* Shaibu 
By Ikhili Monday EBALU,   Benin City 

 A Benin High Court on Monday 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, was not on merit".

 Justice Esohe Ikponmwen who struck out  the suit marked 8/ ICPC/1/13 and dated October 8, 2013, insisted that the decision was based on his 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 EIRS by claiming that he was an employee of Zanote Ventures Nigeria Limited from 2003 to 2006.

 The accused was also said to used the document in 2006 to seek his re-election to the state House of Assembly election in 2011. 

 Delivering ruling on on Monday, the trial judge, Justice Ikponmwen said: "the deputy governor of Edo state can no longer stand trial in this court by virtue of his immunity he enjoys under section 308 of the constitution of the Federal Republic of Nigeria. Consequently, 

 "In my respective view, the proper for the accused to be discharged...". the judge said.

 Justice Ikponmwen while relying on section  286 of the Criminal Procedure Act, which clarified on Civil and criminal acts, dismissed the charges following the application of the Counsel to the accused,  Ken Mozia  (SAN) who cited relevant authorities to convince the judge.

 But, the ICPC Counsel, Godson Igbadume, had earlier opposed the application by  the Counsel to the accused, Ken Mozia  (SAN)  over what he called prolonged adjournment to delay the trail.

 Shaibu's trial had suffered setback when the court held that tax certificate file got missing, following the death of the permanent secretary in charge of the Agency, Mr. Sunday Okundia, now deceased, according to the former Acting Executive chairman of Edo state, Barrister Emmanuel Usoh.