Court postpones Philip Shaibu’s contempt case against Omobayo

A Federal High Court in Abuja, on Thursday, adjourned hearing in an alleged contempt case brought by the reinstated Deputy Governor of Edo StatePhilip Shaibu, v. Godwins Omobayo, over alleged refusal to obey the court’s November 4 ruling.

Justice James Omotosho rescheduled the date after the court granted ex-parte Mr Shaibu’s motion seeking an order for substitute Form 49 service to Mr Omobayo, the man who was appointed deputy governor of Edo by Governor Godwin Obaseki .

When the matter was commenced, Iniobong Ebiekpi, who appeared for Mr Shaibu, informed the court that the matter had been scheduled for hearing.

Ebiekpi, however, said that although Mr. Omobayo, who is the second defendant in the indictment, received Form 48, they failed to serve him with Form 49.

The lawyer said it was for this reason that an ex-parte motion for the replacement of Form 49 was presented to Mr. Omobayo.

Consequently, Justice Omotosho granted the motion and adjourned the matter until November 4 for a hearing.

The News Agency of Nigeria (NAN) reports that the judge has scheduled the hearing of Mr. Omobayo’s contempt charge today (Thursday, October 24).

Justice Omotosho fixed the date after a lawyer who represented Mr Shaibu on the last adjourned date, Reuben Egwuaba, told the court that a charge of contempt had been laid for Mr Omobayo’s commitment to prison due to his refusal to comply the valid order of the court.

The judge also ordered that Mr. Omobayo receive all court documents, including Form 49, filed on September 19, so that he would have the opportunity to purge himself of the contempt charge.

“This matter is adjourned to October 24th for hearing of the motion on notice dated September 13th and filed on September 19th seeking the committal of Marvelous Godwins Omobayo and to give him an opportunity to defend himself.

“I hereby order that the motion be handed over to Marvelous Godwins Omobayo to enable him present the necessary defense,” the judge said.

Egwuaba prayed for a brief reprieve as the term of the current state government will end on November 12.

The lawyer said the court judgment delivered on July 17 was duly notified to Mr. Omobayo and several letters were also written to the House of Assembly but to no effect.

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NAN also reported that Justice Omotosho, on September 24, dismissed the two separate motions filed by the Edo State Government and the House of Assembly challenging the reinstatement of Mr. Shaibu as deputy governor.

The judge, in a ruling, also awarded the cost of N200,000 each against the Edo State Government and the assembly, making a total of N400,000.

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

At his trial, the judge ordered his reinstatement to office because the House of Assembly did not follow due process in the alleged impeachment.

Justice Omotosho also found that the allegation on which the assembly based the impeachment process was untenable in law and did not constitute serious misconduct.

The ruling was on the case marked FHC/ABJ/CS/478/2024, with Mr. Shaibu as the author.

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The reinstated deputy governor sued the Inspector-General of Police, the deputy governor of Edo, the AG, the chief judge of Edo, the speaker of the Edo House of Assembly and the Edo House of Assembly as the first to sixth defendants, respectively.

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