Former Edo Dep.Gov. Omobayo escapes jail term after apology, settlement in Philip Shaibu’s contempt case
Former Edo State deputy governor, Marvellous Omobayo, on Friday escaped a three-month imprisonment for contempt of court after the intervention of his counsel, Ken Mozia, SAN, his apology and an agreement reached with former Deputy Governor Philip Shaibu to resolve the matter out of court.
Justice James Omotosho of the Federal High Court sitting in Abuja disclosed during Friday’s proceedings that, his ruling in the matter was ready and that, he had been prepared to commit Omobayo to the Kuje Correctional Centre for three months without an option of fine.
The judge, however, took into consideration the apology and remorse expressed by Omobayo and the steps taken by both parties to resolve the dispute.
Justice Omotosho said the proposed jail term was intended to serve as a warning to public officials, particularly members of the executive and legislative arms of government, against disobeying court orders.
According to the judge, “Let me just tell you, I would have sent you to three months imprisonment with no option of fine. I wanted to use you as an example for others, especially the executive and legislature, who are always in the habit of disobeying court rulings.”
Justice Omotosho said, judgement of the court must be obeyed and that, the sanctity of the temple of Justice must also be protected and warned Omodayo not to make any attempt to disobey a valid order of court.
The judge consequently vacated the delivery of the ruling in the contempt proceedings which arose from a judgment he delivered on July 17, 2024, in Suit No. FHC/ABJ/CS/478/2024, in which the court voided Shaibu’s impeachment as Deputy Governor of Edo State and ordered his reinstatement.
The court had held that the Edo State House of Assembly failed to comply with due process in impeaching Shaibu and that the allegation of gross misconduct relied upon by the lawmakers was untenable in law.
Omobayo, who was sworn in as deputy governor on April 8, 2024, following Shaibu’s impeachment, was subsequently accused of refusing to vacate the office despite the court’s judgment and
Shaibu consequently commenced contempt proceedings against Omobayo.
During Friday’s proceedings, Omobayo expressed regret over his actions and apologised to the court and Shaibu.
In an affidavit he deposed to, which he read before the court, Omobayo described himself as the alleged contemnor and said he regretted the actions that led to the contempt proceedings.
He apologised for any inconvenience caused to the court and the judgment creditor, insisting that he did not intend to disrespect the court or disregard its July 17, 2024 judgment.
Omobayo further undertook not to engage in any conduct that would violate or disobey the judgment and also undertook not to present or describe himself as the Deputy Governor of Edo State in official or private correspondence, public functions, publications, social media communications or otherwise.
He similarly undertook not to exercise or purport to exercise any powers, functions, privileges or responsibilities attached to the office of Deputy Governor of Edo State, in accordance with the judgment and subsisting orders of the court.
The development followed an earlier request by Mozia, SAN on September 23 for more time to enable the parties to complete negotiations aimed at resolving the dispute.
Mozia told the court that his team had met with Shaibu’s lead counsel, Ayotunde Ogunleye, SAN, and that extensive discussions had taken place and had agreed on what to do.
The lawyer appealed to the court for additional time for the parties to reconcile their positions.
Shaibu’s counsel, Kunle Lawal, confirmed that reconciliation efforts were ongoing and did not oppose the request for a short adjournment, a request the judge granted and subsequently adjourned the matter to Friday for ruling.
The judge noted that it was unusual for him to suspend a ruling on the day it was scheduled to be delivered, but said he granted the request out of respect for the senior counsel and because of the ongoing reconciliation.
The contempt charge, dated September 13, 2024, was filed by Ogunleye on September 19, 2024.
Shaibu had sued the Inspector-General of Police, the Deputy Governor of Edo State, the Attorney-General, the Chief Judge of Edo State, the Speaker of the Edo State House of Assembly and the Edo State House of Assembly as defendants in the substantive suit.
The July 17, 2024 judgment subsequently became the basis of the contempt proceedings against Omobayo following his continued occupation of the deputy governor’s office.
Credit- Tribune
