The Federal High Court, Abuja Division, on Friday discharged Godwins Omobayo, a former deputy governor of Edo, of contempt after he apologised 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.
Mr Shaibu was reinstated as deputy governor during Godwin Obaseki’s administration after his impeachment by the Edo House of Assembly.
Mr Obaseki served as the governor of Edo between November 12, 2016 and November 12, 2024.
Justice Omotosho fixed Friday for ruling on the contempt charge after Mr Omobayo begged the court to allow the 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 that intervening circumstances had arisen, and he wanted counsel for the alleged contemnor to address the court on them.
Responding, Mr Mozia told the court that parties had resolved the issues.
“We have taken benefit of your Lordship’s 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 the 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 parties served with the processes.
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 everyone present.
Mr Omobayo then stood up to address the court.
“Good morning, my lord. My name is Marvellous 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 actions that led Mr Shaibu to file the suit.
“I do not intend to disregard the court in the judgment delivered on July 17, 2024.
“I have also resolved the issues with the judgment creditor,” he said, in the affidavit he swore to on September 24.
Also reading the letter of apology, Mr Omobayo undertook that he “shall” never present himself anywhere as 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 regretfully apologised for 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, and 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 guide its power and the sanctity of the temple must always be protected,” he said.
The judge said that, regardless of anyone’s position in the country, everyone must be bound by the law and obey it.
“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 the entire society, 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 said 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.
Mr Omobayo was charged with allegedly refusing to vacate the deputy governorship position after a valid court judgment on July 17, 2024, reinstating Mr Shaibu, who was unlawfully impeached by the state’s lawmakers.
On July 17, 2024, Justice Omotosho voided the impeachment of Mr Shaibu as deputy governor of Edo by the House of Assembly.
In the judgment, the judge ordered his reinstatement to office, holding 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 gross misconduct.
The judgment was on the suit marked: FHC/ABJ/CS/478/2024 with Shuaibu as the plaintiff.
Mr Shaibu had sued the Inspector-General of Police (IG), the Deputy Governor of Edo, the AG, the Chief Judge of Edo, the Speaker of the Edo House of Assembly and the Edo State House of Assembly as first to sixth defendants, respectively.
Mr Omobayo was sworn in on April 8, 2024, as the new deputy governor after Mr Shaibu’s impeachment by the state’s House of Assembly.
However, after the court judgment 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 September 13, 2024, was filed by Mr Ogunleye on September 19, 2024.
(NAN)