Ex-deputy governor of Edo seeks court delay on contempt ruling

Godwins Omobayo, the former deputy governor of Edo State, asked a Federal High Court in Abuja on Wednesday to delay its ruling on the contempt charge against him. He wants to look for an out-of-court settlement.

According to the News Agency of Nigeria, Mr Omobayo is charged with not leaving the deputy governorship post after a valid court ruling on 17 July 2024. This ruling reinstated Philip Shaibu, who was unlawfully impeached by the legislature.

Justice James Omotosho had set Wednesday for the ruling in the contempt case brought against Mr Omobayo by Mr Shaibu for not following the court order.

As the judge began to deliver the ruling, Ken Mozia, SAN, who represented Omobayo, asked to speak to the court. Mr Mozia reminded the court that the parties had been given permission to settle the matter outside of court.

The senior lawyer stated that his team met with the lead counsel for the applicant, Ayotunde Ogunleye, SAN. "We had an extensive discussion leading to this. We met, and we had substantially agreed on what to do," he explained.

Mr Mozia told the court that the parties still needed to agree on some points raised by the applicant. "By Friday evening, I had some conditions which they said they required. We request that your lordship allow us to engage in reconciliation. My intention this morning is to appeal to your lordship to allow us to deliberate on issues left," he added.

When asked if Mr Omobayo had shown regret for his alleged actions, Mr Mozia said he was there to speak for him, even though Omobayo was ready 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 pleaded.

Justice Omotosho noted that he usually does not suspend rulings while about to deliver them. He recalled that the court had given the parties about two months to resolve their issues. "I don’t even do that; to suspend ruling on the day of delivery. It is out of respect to learned senior counsel," the judge said.

The judge then asked Kunle Lawal, who represented Mr Shaibu, for his input to ensure fair hearing. Mr Lawal confirmed that reconciliation was ongoing between the parties. He did not oppose Mr Mozia's request for a short delay. "I can confirm that that is the position, my lord, that they will need more time to review some of the outstanding issues," he stated.

Justice Omotosho then postponed the matter until 25 September for ruling.

Background

On 17 July 2024, Justice Omotosho annulled Mr Shaibu's impeachment as Edo’s deputy governor by the House of Assembly. The judge ordered his reinstatement because the assembly did not follow the proper procedures in the impeachment.

Justice Omotosho also ruled that the reasons for the assembly's impeachment were not valid in law and did not show gross misconduct. Mr Shaibu had sued the Inspector-General of Police (IGP), 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 the 1st to 6th defendants, respectively.

Mr Omobayo took the oath of office on 8 April 2024 as the new deputy governor after Mr Shaibu's impeachment. But after the court ruling reinstating Mr Shaibu, Mr Omobayo allegedly refused to leave the deputy governorship position. This led Mr Shaibu to file a contempt charge against him.

The contempt charge, dated 13 September 2024, was filed by Mr Ogunleye on 19 September 2024.