A Federal High Court sitting in Abuja has directed the Deputy Governor of Edo State, Godwins Omobayo to appear before the court on November 26, in response to allegations of his contempt for a prior court ruling.
Justice James Omotosho, presiding over the case, emphasized the importance of this appearance to ensure that Omobayo, as the alleged contemnor, receives a fair hearing and an opportunity to present his defense in accordance with Section 36 of the 1999 Constitution as amended.
This legal development arises from a contempt charge filed by Philip Shaibu, the reinstated Deputy Governor of Edo, who has accused Omobayo of refusing to vacate the deputy governorship position despite a valid court judgment nullifying his appointment. The court ruling in question was delivered on July 17, when Justice Omotosho voided the impeachment of Shaibu by the Edo State House of Assembly. The judge found that the Assembly had failed to adhere to due process during the impeachment proceedings and ruled that the allegations against Shaibu did not constitute gross misconduct as defined by law.
Following the court’s ruling, Shaibu was reinstated to his position as Deputy Governor, but Omobayo was sworn in on April 8 as the new deputy governor, following Shaibu’s removal. Shaibu’s subsequent legal challenge has led to the current contempt proceedings against Omobayo. In his efforts to address the matter, Shaibu had sought an order from the court to hold Omobayo in contempt for his refusal to comply with the court’s decision and vacate the deputy governorship.
In the lead-up to the court’s latest session, the judge had previously fixed November 4 for the hearing of the contempt charge. During this session, Justice Omotosho acknowledged that efforts to serve Omobayo with the necessary legal documents had been unsuccessful. Specifically, Shaibu’s attorney, Ini-obong Ebiekpi, reported that while Omobayo had been served with Form 48, he had not received Form 49, which is critical in contempt proceedings. To address this issue, the court granted Shaibu’s motion for a substituted service of Form 49 on Omobayo.
READ ALSO :Gunmen attack Edo Deputy Governor Shaibu’s convoy, kill policeman
On the day of the hearing, November 4, Shaibu was present in court, represented by his legal counsel, Ayotunde Ogunleye, SAN. However, Omobayo did not appear, nor was he represented by legal counsel, raising concerns about his disregard for the court’s authority. In light of these circumstances, Ogunleye made an oral application urging the court to compel Omobayo’s appearance, arguing that the court’s orders should not be treated with such indifference.
Justice Omotosho responded by reiterating the importance of adhering to judicial procedures and announced that the matter would be adjourned until November 26 for further hearing. The judge emphasized that in the interest of justice and to ensure that the alleged contemnor has a fair opportunity to defend himself, Omobayo is required to be present in court on the adjourned date. Additionally, the court ordered that hearing notices be dispatched to other defendants involved in the case, which includes the Inspector-General of Police, the Attorney General of Edo State, the Chief Judge of Edo, and the Speaker of the Edo State House of Assembly.
The urgency of this case is heightened by the fact that the current term of the Edo State Government is set to conclude on November 12, 2024, potentially impacting the political landscape in the state. This ongoing legal battle illustrates the complexities of governance and the judiciary’s role in resolving disputes that arise within the political framework.
CredibleNews.ng
