Alleged Contempt: Ex-deputy governor of Edo begs court to suspend ruling

Godwins Omobayo, former deputy governor of Edo State, on Wednesday, prayed a Federal High Court in Abuja to suspend its ruling on the contempt charge filed against him to explore an out-of-court settlement.

The News Agency of Nigeria reports that Mr Omobayo is charged with refusing to vacate the deputy governorship position after a valid court judgement on 17 July, 2024, reinstated Philip Shaibu, whom the legislature had unlawfully impeached.

Justice James Omotosho had fixed Wednesday for the ruling in the contempt proceedings initiated against Mr Omobayo by Mr Shaibu for his alleged disobedience of the court order.

Shortly after the judge began delivering the ruling, Ken Mozia, SAN, who appeared for Omobayo (the alleged contemnor), sought permission to address the court.

Mr Mozia recalled that, out of the court’s magnanimity, the parties were allowed to resolve the issues out of court.

The senior lawyer said that his team met with the lead counsel to the applicant (Shaibu), Ayotunde Ogunleye, SAN.

“We had an extensive discussion leading to this.

“We met, and we had substantially agreed on what to do,” he said.

Mr Mozia, however, told the court that the parties had yet to agree on some issues raised by the applicant.

“By Friday evening, I had some conditions which they said they required.

“We request that your lordship allow us to engage in reconciliation.

“My intention this morning is to appeal to your lordship to allow us to deliberate on issues left,” Mr Mozia prayed.

He said on whether Mr Omobayo, who was also in court, had shown remorse for his alleged misconduct, the lawyer said he was in court to speak on his behalf even though the alleged contemnor had prepared to address the court himself.

“I am sincerely appealing that my lord can give us one more time to clear the two outstanding issues,” he begged.

Justice Omotosho, who said it was not his practice to suspend ruling while it was about to be delivered, recalled that the court had given the parties about two months to reconcile.

“I don’t even do that; to suspend ruling on the day of delivery. It is out of respect to learned senior counsel,” the judge said.

The judge then sought to hear from Kunle Lawal, who appeared for Mr Shaibu, in the interest of a fair hearing.

Responding, Mr Lawal confirmed that a reconciliation was ongoing between the parties.

He did not oppose the application by Mr Mozia for a short adjournment.

“I can confirm that that is the position, my lord, that they will need more time to review some of the outstanding issues,” he said.

Justice Omotosho consequently adjourned the matter until 25 September for ruling.

Background

Justice Omotosho had, on 17 July, 2024, voided the impeachment of Mr Shaibu as Edo’s deputy governor by the House of Assembly.

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The judge, in the judgement, ordered his reinstatement to office because the assembly failed to comply with due process in the purported impeachment.

Justice Omotosho also held that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute gross misconduct.

Mr Shaibu had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the AG, the Chief Judge of Edo, the Speaker of the Edo House of Assembly, and the Edo State House of Assembly as the 1st to 6th defendants, respectively.

Mr Omobayo was sworn in on 8 April, 2024 as the new deputy governor following Mr Shaibu’s impeachment.

However, after the court judgement reinstating Mr Shaibu, Mr Omobayo allegedly refused to vacate the deputy governorship position, prompting Mr Shaibu to file a contempt charge.

The contempt charge, dated 13 September, 2024, was filed by Mr Ogunleye on 19 September, 2024.