A Federal High Court in Abuja, on Tuesday, fixed Oct. 24 for the hearing of a contempt charge filed by the reinstated Deputy Governor of Edo, Philip Shaibu, against Godwins Omobayo, over alleged refusal to obey court judgment.
Justice James Omotosho fixed the date after Shaibu’s counsel, Reuben Egwuaba, informed the court that a contempt charge had been filed for the committal of Omobayo, who took over as deputy governor, to prison due to his refusal to comply with the valid order of the court.
Justice Omotosho equally ordered that Omobayo be served with all the court documents, including 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 the 24th day of October for hearing of the motion on notice dated 13th September and filed 19th September seeking the committal of Engr. Marvellous Godwins Omobayo and to give him the opportunity to defend himself.
“I hereby make an order that the motion be served on Marvelous Godwins Omobayo to enable him to file the necessary defence”, the judge said.
Earlier, Egwuaba 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.
It was earlier reported that Justice Omotosho, on Tuesday, also 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.
The development followed an application by lawyer to the state’s Attorney-General (AG), Marvin Omorogbe, and that of the house of assembly, Sonia Egbunia, seeking to withdraw the motions for stay of execution.
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They said the intention to withdraw the motion was as a result of the records of appeal that had been transmitted to the Court of Appeal.
Although Egwuaba, who appeared for Shaibu, did not oppose their intention to withdraw the two motions, he, however, asked the court for a N50 million cost each against the AG (3rd defendant) and the assembly (6th defendant), but the judge awarded the sum of N400,000 against the two defendants.
The News Agency of Nigeria (NAN) reports that 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.