By Agency Report
The Federal High Court in Abuja on Friday discharged Mr Godwins Omobayo, former Deputy Governor to ex-Gov. Godwin Obaseki of Edo, of contempt after he tendered an apology for his misconduct.
Justice James Omotosho struck out the contempt charge filed by Mr Philip Shaibu after Omobayo’s counsel, Ken Mozia, SAN, and Shaibu’s lawyer, Ayotunde Ogunleye, SAN, reached amicable resolution.
The News Agency of Nigeria (NAN) reports that Shaibu was the reinstated deputy governor during Obasaki’s administration following his impeachment by the Edo House of Assembly.
Obaseki served as the governor of Edo between Nov. 12, 2016 and Nov. 12, 2024.
Justice Omotosho had, on Wednesday, fixed today for ruling on the contempt charge after Omobayo begged the court to allow parties explore out-of-court settlement.
When the case was called on Friday, Ogunleye, who appeared for Shaibu, informed the court that the matter was fixed for ruling.
The senior lawyer, however, said that there were intervening circumstances that had happened, which he would want counsel to the alleged contemnor to address the court on.
Responding, Mozia told the court that parties had resolved the issues.
“We have taken benefit of your lordship kind disposition and met severally.
“On our part, we have filed a letter of apology addressed to the Deputy Chief Registrar of this court conveying the remorse of party sought to be committed in the suit and we equally filed an affidavit,” he said.
He said the letter and the affidavit had been filed and parties served with the processes.
According to him, we have expressly indicated that we have resolved the issues with the applicant (Shaibu).
Justice Omotosho told Mozia that parties, having resolved the issues, the contemptuous aspect had to be settled as well since the order came from the court.
The judge then directed Omobayo to read the affidavit and the letter of apology he filed in open court to the hearing of everybody.
Omobayo then stood up to address the court.
“Good morning my lord. My name is Marvelous Godwins Omobayo. I am an engineer by profession. I will appeal that my lord permit my use of English.
“I apologise wholeheartedly and I purge myself of this contempt,” he said.
While reading the affidavit, the alleged contemnor said he regretted his action that led to Shaibu filing the suit.
“That I do not intend to disregard the court in the judgment delivered on July 17, 2024.
“That I have also resolved the issues with the judgment creditor,” he said, in the affidavit he sworn to on Sept. 24.
Also reading the letter of apology, Omobayo undertook that he “shall” never present himself anywhere as former deputy governor of Edo following the court order.
He also vowed that he “shall” not perform any function relating to the deputy governorship office of the state as ordered by the court.
“I humbly tender an apology before this honourable court for my action …..and I regret my action,” he said.
Omobayo, who said he regretably apologised for his action, said his conduct was never intended to disregard the court order.
He said he had learnt his lesson.
Ogunleye, then, applied to withdraw the charge, urging the court to strike it out and Mozia did not oppose Ogunleye’s application.
The judge said he would not be averse to the application, especially after Omobayo had purged himself of the contempt.
“I have listened to parties. But before I vacate the charge, I want to state that the court of law must jealously guide its power and the sanctity of the temple must always be protected,” he said.
The judge said that irrespective of any one’s position in the country, one must always be bound by the law and the law must be obeyed.
“I will not hesitate to do anything to protect the sanctity of this temple because without this, the peace of the society will be fragile which I will not be party to,” he said.
According to him, I will use this to send a message to the entire society, especially the executive, that we must always obey court order.
“Executive lawlessness has even been condemned by the Supreme Court in the case of Military Administrator of Lagos vs Ojukwu.
“I want to warn you not to dare it,” he said.
The judge, who restated that the ruling was ready, said he stopped its delivering out of respect to Omobayo’s lead counsel.
“I will have put you in prison for three months irrespective of your position.
“The ruling is hereby vacated,” he ruled.
NAN recalls that Omobayo was charged for his alleged refusal to vacate the deputy governorship position after a valid court judgment on July 17, 2024, reinstating Shaibu who was unlawfully impeached by the state’s lawmakers.
Justice Omotosho had, on July 17, 2024, voided the impeachment of Shuaibu as the deputy governor of Edo by the house of assembly.
The judge, in the judgment, ordered his reinstatement to office on the grounds that the house of 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 a gross misconduct.
The judgment was on the suit marked: FHC/ABJ/CS/478/2024 with Shuaibu as the plaintiff.
Shaibu had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the AG, 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, 2024, sworn in as the new deputy governor after Shaibu’s impeachment by the state’s house of assembly.
However, after the court judgment reinstating Shaibu, Omobayo allegedly refused to vacate the deputy governorship position, prompting Shaibu to file contempt charge.
The contempt charge, dated Sept. 13 , 2024, was filed by Ogunleye on Sept. 19, 2024.
