(SINL NIGERIA) A Federal High Court in Abuja on Thursday, adjourned hearing in an alleged contempt case filed by the reinstated Deputy Governor of Edo, Philip Shaibu, against Godwins Omobayo, over alleged refusal to obey court judgment to Nov. 4.
Justuce James Omotosho rescheduled the date after the court granted Shaibu’s motion ex-parte seeking for an order for a substituted service of Form 49 on Omobayo.
When the matter was called, Ini-obong Ebiekpi, who appeared for Shaibu, informed the court that the matter was fixed for hearing.
Ebiekpi, however, said that though 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 a substituted service of the Form 49 on Omobayo.
Justice Omotosho consequently granted the motion and adjourned the matter until Nov. 4 for hearing.
The News Agency of Nigeria (NAN) reports that the judge had fixed today for hearing of the contempt charge against Omobayo, who was appointed as Edo deputy governor by Gov. Godwin Obaseki.
Justice Omotosho fixed the date after lawyer who represented Shaibu in the last adjourned date, Reuben Egwuaba, told the court that a contempt charge had been filed for the committal of Omobayo,.
Omobayo took over as deputy governor, to prison due to his refusal to comply with the valid order of the court.
The judge equally ordered that Omobayo be served with all the court documents, including the Form 49, filed on Sept. 19 in order to be given the opportunity to purge himself of the contempt charge.
“This matter is hereby adjourned to 24th day of October for hearing of the motion on notice dated 13th September and filed 19th September seeking for committal of Engr Marvellous Godwins Omobayo and to give him opportunity to defend himself.
“I hereby made an order that the motion be served on Marvelous Godwins Omobayo to enable him file necessary defence ,” the judge had said.
Egwuaba had prayed for a short adjournment since the current state government’s tenure would be coming to an end on Nov. 12.
The lawyer said the court judgment delivered on July 17 was duly served on Omobayo and that several letters were also written to the house of assembly but to no effect.
NAN also reported that Justice Omotosho had, on Sept 24, struck out the two separate motions filed by the Edo Government and the house of assembly challenging the reinstatement of Shaibu as deputy governor.
The judge, in a ruling, also awarded the cost of N200, 000 each against the state government and the assembly, making a total of N400, 000.
Justice Omotosho had, on July 17, 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.
The reinstated deputy governor 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, sworn in as the new deputy governor after Shaibu’s impeachment by the state’s house of assembly.
