2 hours ago
4
Justice James Omotoso of a Federal High Court in Abuja on Thursday, adjourned till November 4 for the hearing of a contempt charge filed by the reinstated Deputy Governor of Edo state, Philip Shaibu, against Godwins Omobayo, over alleged refusal to obey the judgment of the court.
Justice Omotoso rescheduled the date after the court granted Shaibu’s motion ex-parte seeking an order for a substituted service of Form 49 on Omobayo.
When the matter was called, Ini-obong Ebiekpi, who appeared for Shaibu, informed the court that the matter was fixed for hearing and however, said, though Omobayo, who is the 2nd defendant in the charge, was served with Form 48, they had been unable to serve him with Form 49.
The lawyer said it was on this ground that a motion ex-parte was filed for a substituted service of Form 49 on Omobayo.
Justice Omotoso granted the motion and adjourned the matter till November 4 for a hearing.
The judge had earlier fixed Thursday for the hearing of the contempt charge against Omobayo, who was appointed as Edo state deputy governor by Governor Godwin Obaseki.
Justice Omotoso fixed the date after a lawyer who represented Shaibu in the last adjourned date, Reuben Egwuaba, told the court that a contempt charge had been filed for the committal of Omobayo, who took over as deputy governor, to prison due to his refusal to comply with the valid order of the court.
The judge equally ordered that Omobayo be served with all the court documents, including Form 49, filed on September 19 in order to be given the opportunity to purge himself of the contempt charge.
“This matter is hereby adjourned to the 24th day of October for hearing of the motion on notice dated 13th September and filed 19th September seeking for committal of Engr Marvellous Godwins Omobayo and to give him the opportunity to defend himself.
“I hereby made an order that the motion be served on Marvelous Godwins Omobayo to enable him to file a necessary defence,” the judge had held.
Egwuaba had prayed for a short adjournment since the current state government’s tenure would be coming to an end on November 12, adding that, the court judgment delivered on July 17 was duly served on Omobayo and that several letters were also written to the state House of Assembly but to no effect.
Justice Omotoso had, on September 24, struck out the two separate motions filed by the Edo State Government and the House of Assembly challenging the reinstatement of Shaibu as deputy governor.
The judge, in a ruling, also awarded a cost of N200,000 each against the state government and the assembly, making a total of N400,000.
Justice Omotoso had, on July 17, voided the impeachment of Shaibu as the deputy governor of Edo state by the House of Assembly and
ordered his reinstatement to office on the grounds that the House of Assembly failed to comply with due process in the purported impeachment.
The Judge also held that the allegation on which the Assembly based the impeachment proceedings was untenable in law and did not constitute gross misconduct.
The judgment was on the suit marked: FHC/ABJ/CS/478/2024 with Shuaibu as the plaintiff.
The reinstated deputy governor had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the state Attorney General (AG), the Chief Judge of Edo state, the Speaker of the Edo House of Assembly and the Edo State House of Assembly as 1st to 6th defendants respectively.
Omobayo was, on April 8, sworn in as the new deputy governor after Shaibu’s impeachment by the state’s House of Assembly.
