Court discharges ex-deputy governor of Edo of contempt

A Federal High Court in Abuja on Friday discharged Godwins Omobayo, former deputy governor of Edo State, of contempt after he tendered an apology for his misconduct.

Justice James Omotosho struck out the contempt charge filed by Philip Shaibu after Mr Omobayo’s counsel, Ken Mozia, SAN, and Mr Shaibu’s lawyer, Ayotunde Ogunleye, SAN, reached an amicable resolution.

The News Agency of Nigeria (NAN) reports that Mr Shaibu was reinstated as deputy governor during Governor Godwin Obaseki’s administration after his impeachment by the Edo State House of Assembly.

Mr Obaseki served as the governor of Edo between 12 November 2016 and 12 November 2024.

Justice Omotosho had fixed Friday for a ruling on the contempt charge, after Mr Omobayo begged the court to allow parties to explore an out-of-court settlement.

When the case was called on Friday, Mr Ogunleye, who appeared for Mr Shaibu, informed the court that the matter was fixed for ruling.

The senior lawyer, however, said there were intervening circumstances that had happened, which he wanted counsel to the alleged contemnor to address the court on.

Responding, Mr Mozia told the court that the 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 the parties had been served with the process.

According to him, we have expressly indicated that we have resolved the issues with the applicant (Shaibu).

Justice Omotosho told Mr Mozia that, having resolved the issues, the contemptuous aspect had to be settled as well, since the order came from the court.

The judge then directed Mr Omobayo to read the affidavit and the letter of apology he filed in open court to the hearing of everybody.

Regrets and apologies

Mr 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 Mr Shaibu filing the suit.

“I do not intend to disregard the court in the judgement delivered on 17 July, 2024.

“I have also resolved the issues with the judgement creditor,” he said, in the affidavit he swore to on 24 September.

Also, reading the letter of apology, Mr Omobayo undertook that he “shall” never present himself anywhere as the 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.

Mr Omobayo, who said he regretted his action, said his conduct was never intended to disregard the court order. He said he had learnt his lesson.

Mr Ogunleye then applied to withdraw the charge, urging the court to strike it out. Mr Mozia did not oppose Mr Ogunleye’s application.

The judge said he would not be averse to the application, especially after Mr 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 guard its power and the sanctity of the temple must always be protected,” he said.

The judge said that irrespective of anyone’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 society as a whole, especially the executive, that we must always obey court orders.

“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 delivering it out of respect for Mr 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.

Background

NAN recalls that Mr Omobayo was charged with his alleged refusal to vacate the deputy governorship position after a valid court judgement on 17 July 2024, reinstating Mr Shaibu, who had been unlawfully impeached by the state’s lawmakers.

Justice Omotosho had, on 17 July 2024, voided the assembly’s impeachment of Mr Shuaibu as the deputy governor of Edo.

The judge, in the judgment, ordered his reinstatement because the assembly failed to comply with due process in the purported impeachment.

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Justice Omotosho also held that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute gross misconduct.

Mr Shaibu had sued the Inspector-General of Police, the Deputy Governor of Edo, the AG, the Chief Judge of Edo, the Speaker of the Edo State House of Assembly, and the Edo State House of Assembly as the 1st to 6th defendants, respectively.

Mr Omobayo was sworn in as the new deputy governor on 8 April 2024, after Mr Shaibu’s impeachment.

However, after the court judgement reinstating Mr Shaibu, Mr Omobayo allegedly refused to vacate the deputy governorship position, prompting Mr Shaibu to file a contempt charge.

The contempt charge, dated 13 September 2024, was filed by Mr Ogunleye on 19 September 2024.