Ex-Edo deputy gov begs court to suspend ruling
SKAiF NewsNG SNN
Mr Godwins Omobayo, former deputy Governor of Edo, on Wednesday, urged the Federal High Court in Abuja to suspend its ruling on the contempt charge filed against him in order to explore out-of-court settlement.
NAN reports that Omobayo is charged with refusal to vacate the deputy governorship position after a valid court judgment on July 17, 2024, reinstated Mr Philip Shaibu who was unlawfully impeached by the state’s lawmakers.
Justice James Omotosho had Wednesday fixed for the ruling in the contempt proceedings initiated against Omobayo by Shaibu for his alleged disobedience to the court order.
Shortly after the judge began delivering the ruling, Mr Ken Mozia, SAN, who appeared for Omobayo (the alleged contemnor) sought the permission to address the court.
Mozia recalled that out of the magnanimity of the court, the parties were given the opportunity to resolve the issues out of court.
The senior lawyer said that his team met with the lead counsel to the applicant (Shaibu), Ayotunde Ogunleye, SAN.
“We had an extensive discussion leading to this.
“We met and we had substantially agreed on what to do,” he said.
Mozia, however, told the court that the parties were yet to completely agree on some issues raised by the applicant.
“By Friday evening, I got some conditions which they said they required.
“We request that your lordship to allow us to engage in reconciliation.
“My intention this morning is to appeal to your lordship to allow us deliberate on issues left,” Mozia prayed.
He said on whether Omobayo, who was also in court, had shown remorse for his alleged misconduct, the lawyer said he was in court to speak on his behalf even though the alleged contemnor had prepared to address the court himself.
“I am sincerely appealing that my lord can give us one more time to clear the two outstanding issues,” he begged.
Justice Omotosho, who said it was not his practice to suspend ruling while it was about to be delivered, recalled that the court had given the parties about two months to reconcile.
“I don’t even do that; to suspend ruling on the day of delivery. It is out of respect to learner senior counsel,” the judge said.
The judge then sought to hear from Kunle Lawal, who appeared for Shaibu, in the interest of fair hearing.
Responding, Lawal confirmed that a reconciliation was ongoing between the parties.
He did not oppose the application by Mozia for a short adjournment.
“I can confirm that, that is the position my lord, that they will need more time to review some of the outstanding issues,” he said.
Justice Omotosho consequently adjourned the matter until September 25 for ruling.
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 September 13 , 2024, was filed by Ogunleye on September 19, 2024.
