A Federal High Court sitting in Abuja on Monday ordered the Deputy Governor of Edo State, Godwin Omobayo, to appear before it in person on November 26, 2024, over his alleged disobedience to the judgment of the court.
Justice James Omotoso held, in a ruling, 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 of Edo State, Philip Shaibu, had filed a contempt charge for Omobayo to be committed to prison over his alleged refusal to vacate the deputy governorship position following a valid court judgment.
Justice Omotoso had, on July 17, voided the impeachment of Shaibu as the Deputy Governor of Edo State by the House of Assembly and consequently ordered his reinstatement to office on the grounds that the Edo State 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.
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The reinstated Deputy Governor had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the State Attorney General, the Chief Judge of Edo, the Speaker of the Edo House of Assembly, and the Edo State House of Assembly as 1st to 6th defendants, respectively.
Omobayo was sworn in as the new Deputy Governor on April 8, after Shaibu’s impeachment by the state’s House of Assembly.
Justice Omotoso rescheduled the date for the hearing of the suit after he granted Shaibu’s motion ex parte seeking an order for a substituted service of Form 49 on Omobayo.
On the last adjourned date, Iniobong Ebiekpi, who appeared for Shaibu, informed the court that the matter was fixed for hearing.
Ebiekpi stated that although 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 the substituted service of Form 49 on Omobayo.
Justice Omotoso consequently granted the motion and adjourned the matter until November 4 for hearing.
When the matter was called on Monday, Ayotunde Ogunleye, SAN, appeared for Shaibu, who was also in court in person.
While Olusegun Jolaawo, SAN, represented the Edo House of Assembly (6th defendant), F.N. Ogbe appeared for the Edo Chief Judge (4th defendant).
However, Omobayo was not represented in court, and he was also absent. There was no representation for the 1st, 2nd, 3rd, and 5th defendants.
Ogunleye, therefore, made an oral application for the court to direct Omobayo to appear in person, as the order of the court cannot continue to be treated with disregard.
Delivering the ruling, Justice Omotoso adjourned the matter until November 26 for hearing and ordered that hearing notices be issued to the 1st to 5th defendants in the matter.
“In the interest of justice and to give the alleged contemnor the opportunity to defend himself and a fair hearing in line with Section 36 of the 1999 Constitution (as amended), the alleged contemnor is hereby ordered to be in court in person on the 26th day of November, 2024, being the next adjourned date,” the judge held.
NIGERIAN TRIBUNE