A Federal High Court in Abuja, on Monday, ordered Godwin Omobayo, the embattled Deputy Governor of Edo, to appear in person before it on November 26 over his alleged disobedience to court judgement.
Justice James Omotosho, in a ruling, held that the order was to give Mr Omobayo, the alleged contemnor, a fair hearing and the opportunity to defend himself in line with Section 36 of the 1999 Constitution (as amended).
The reinstated deputy governor of Edo, Philip Shaibu, had filed the contempt charge for Mr Omobayo to be committed to prison over his alleged refusal to vacate the deputy governorship position after a valid court judgement.
Mr Omotosho had, on July 17, voided the impeachment of Mr Shaibu as the deputy governor of Edo by the House of Assembly.
The judge, in the judgement, ordered his reinstatement to office on the grounds that the Edo House of Assembly failed to comply with due process in the purported impeachment.
The judge also held that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute gross misconduct.
The judgement 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.
Mr Omobayo was, on April 8, sworn in as the new deputy governor after Mr Shaibu’s impeachment by the state’s house of assembly.
The judge had, on October 24, fixed today for the hearing of the matter.
Mr Omotosho rescheduled the date after the court granted Mr Shaibu’s motion ex parte seeking an order a substituted service of Form 49 on Mr Omobayo.
On the last adjourned date, Ini-obong Ebiekpi, who appeared for Mr Shaibu, had informed the court that the matter was fixed for hearing.
Mr Ebiekpi said that though Mr 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 Mr Omobayo.
Mr Omotosho consequently granted the motion and adjourned the matter until November 4 for hearing.
When the matter was called on Monday, Ayotunde Ogunleye, SAN, appeared for Mr Shaibu, who was also in court in person.
While Olusegun Jolaawo, SAN, represented the Edo House of Assembly (6th defendant), F.N. Ogbe appeared for the Edo Chief Judge (4th defendant).
However, Mr Omobayo was not represented in court and neither was he in court as well.
Besides, there was no representation for the 1st, 2nd, 3rd and 5th defendants.
Mr Ogunleye, therefore, made an oral application that the court should direct Mr Omobayo to appear in person as an order of court cannot continue to be treated with disregard.
Delivering the ruling, Mr Omotosho adjourned the matter until November 26 for hearing.
He also ordered that hearing notices be issued to the 1st, 2nd, 3rd and 5th defendants in the charge.
“In the interest of justice and to give the alleged contemnor the opportunity to defend himself and a fair hearing in line with Section 36 of the 1999 Constitution (as amended), the alleged contemnor is hereby ordered to be in court in person on the 26th day of November, 2024, being the next adjourned date,” the judge ruled.
The current state government’s tenure would be coming to an end on November 12.
(NAN)
