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Godwin Omobayo, who was appointed deputy governor to the immediate-past Governor of Edo state, Godwin Obaseki, on Monday, appeared before a Federal High Court in Abuja to honour an order of the court.
Omobayo appeared in court alongside his counsel, Mr Ken Mozia, SAN, before Justice James Omotosho, who had, on November 4, ordered Omobayo to appear in person before him on November 25 over his alleged disobedience to the court judgment.
The judge, in a ruling, held that the order was to give Omobayo, the alleged contemnor, a fair hearing and the opportunity to defend himself in line with Section 36 of the 1999 Constitution (as amended).
The reinstated Deputy Governor to Obaseki, Philip Shaibu, had filed the contempt charge for Omobayo to be committed to prison over his alleged refusal to vacate the deputy governorship position after a valid court judgment.
Justice Omotosho had, on July 17, voided the impeachment of Shaibu as the deputy governor of Edo by the state House of Assembly and ordered his reinstatement to office because the Edo 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 in the suit marked: FHC/ABJ/CS/478/2024 with Shaibu as the plaintiff, with the Inspector-General of Police (IGP), the Deputy Governor of Edo, the Attorney-General, Chief Judge of Edo, Speaker of 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.
Justice Omotosho had, on October 24, granted Shaibu’s motion ex-parte seeking an order for a substituted service of Form 49 on Omobayo and fixed November 4 for hearing.
Neither Omobayo nor his lawyer was represented in court on the said date and Ayotunde Ogunleye, who appeared for Shaibu, therefore, prayed the court to make an order, directing Omobayo to appear in person as the order of the court cannot continue to be treated with disregard.
Upon resumed hearing on Monday, Omobayo, who was in court, was represented by Mozia.
Ogunleye then told the court that the affidavit of service of Form 48, Form 49, the motion and the hearing notice as ordered by the court on the defendants was dated November 19.
The court registrar equally confirmed the affidavit of service of the documents on the defendants in the court record.
Ogunleye informed the court that the matter was adjourned till Monday for a hearing of the contempt proceedings.
The lawyer, however, said counsel to the contemnor (Omobayo) served them with a motion on notice filed on November 20 by which they sought to regularise their processes.
Responding, Mozia told the court that it was “Godwin Marvelous Omobayo that filed the motion and not a contemnor” as being referred by Ogunleye.
“He filed an application within which to extend the time to file his process. It was filed on November 20. I crave the indulgence of your lordship to take the application,” the senior lawyer said.
While Ogunleye, who acknowledged being served, said he was not opposing, Justice Omotosho said since the motion was filed on November 20 and presumably served on 1st, 2nd and 5th defendants who were not represented in court, it would be necessary to give them the opportunity to also respond in the interest of fair hearing.
The judge consequently adjourned the matter till January 29, 2025, for a hearing of the contempt charge and ordered that a hearing notice be issued and served on 1st, 2nd and 5th defendants.
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