Alleged Contempt: Ex-Gov. Obaseki’s ‘deputy’ honours court summons

Godwins Omobayo appeared in court alongside his counsel, Ken Mozia, SAN.

Godwins Omobayo, who was appointed as deputy governor to the immediate-past Governor of Edo State, Godwin Obaseki, on Monday, appeared at a Federal High Court in Abuja to honour a court order.

Mr Omobayo appeared in court alongside his counsel, Ken Mozia, SAN, before Justice Omotosho.

The News Agency of Nigeria (NAN) reports that Justice Omotosho had, on 4 November ordered Mr Omobayo to appear in person before him on 25 November (today) over his alleged disobedience to court judgment.

The judge, in a ruling, held that the order was to give Mr Omobayo, the alleged contemnor, a fair hearing and the opportunity to defend himself in line with Section 36 of the 1999 Constitution (as amended).

Contempt charge

NAN had earlier reported that the reinstated Deputy Governor to Mr Obaseki, Philip Shaibu, had filed the contempt charge for Mr Omobayo to be committed to prison over his alleged refusal to vacate the deputy governorship position after a valid court judgment.

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

The judge had ordered his reinstatement to office on the grounds that the Edo House of Assembly failed to comply with due process in the 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 Mr Shaibu as the plaintiff.

The reinstated deputy governor sued the Inspector-General of Police, the Deputy Governor of Edo, the Attorney-General, 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.

On 8 April, Mr Omobayo was sworn in as the new deputy governor after Mr Shaibu’s impeachment.

Justice Omotosho, on 24 October, granted Mr Shaibu’s motion ex-parte seeking for an order for a substituted service of Form 49 on Mr Omobayo and fixed 4 November for hearing.

However, neither Mr Omobayo nor his lawyer was in court.

Therefore, Ayotunde Ogunleye, who appeared for Mr Shaibu, prayed the court to make an order directing Mr Omobayo to appear in person, as the order of the court cannot continue to be treated with disregard.

Resumed hearing

Upon resumed hearing on Monday, Mr Omobayo, who was in court, was represented by Mr Mozia.

Mr 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 19 November.

The court registrar equally confirmed the affidavit of service of the documents on the defendants in the court record.

Mr Ogunleye informed the court that the matter was adjourned till 25 November 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 20 November, by which they sought to regularise their processes.

Responding, Mr Mozia told the court that it was “Godwins Marvelous Omobayo that filed the motion and not a contemnor”, as being referred by Mr Ogunleye.

“He filed an application within which to extend the time to file his process. It was filed on 20 November.

“I crave the indulgence of your lordship to take the application,” the senior lawyer said.

Mr Ogunleye, who acknowledged being served, said he was not opposing.

But Justice Omotosho said since the motion was filed on 20 November and presumably served on 1st, 2nd and 5th defendants who were not represented in court, it would be necessary to give them opportunity to also respond in the interest of fair hearing.

The judge consequently adjourned the matter until 29 January 2025 for hearing of the contempt charge.

He ordered that hearing notice be issued and served on 1st, 2nd and 5th defendants.

Obaseki-Shaibu’s tenure in Edo ended on 12 November with the swearing in of the All Progressives Congress governorship candidate, Monday Okpebholo, as the new governor.