A Federal High Court in Abuja, on Thursday, adjourned hearing in an alleged contempt case filed by the reinstated Deputy Governor of Edo State, Philip Shaibu, against Godwins Omobayo, over alleged refusal to obey court judgment of 4 November.
Justice James Omotosho rescheduled the date after the court granted Mr Shaibu’s motion ex-parte seeking an order for a substituted service of Form 49 on Mr Omobayo, the man who was appointed as the Edo deputy governor by Governor Godwin Obaseki.
When the matter was called, Iniobong Ebiekpi, who appeared for Mr Shaibu, informed the court that it had been fixed for hearing.
Mr Ebiekpi, however, 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 Form 49 on Mr Omobayo.
Justice Omotosho consequently granted the motion and adjourned the matter until 4 November for a hearing.
The News Agency of Nigeria (NAN) reports that the judge has fixed today (Thursday, 24 October) for the hearing of Mr Omobayo’s contempt charge.
Justice Omotosho fixed the date after a lawyer who represented Mr Shaibu in the last adjourned date, Reuben Egwuaba, told the court that a contempt charge had been filed for the committal of Mr Omobayo to prison due to his refusal to comply with the valid order of the court.
The judge equally ordered that Mr Omobayo be served with all the court documents, including Form 49, filed on 19 September, so that he would have 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 for committal of Marvellous Godwins Omobayo and to give him the opportunity to defend himself.
“I hereby made an order that the motion be served on Marvelous Godwins Omobayo to enable him to file a necessary defence,” the judge had said.
Mr Egwuaba had prayed for a short adjournment since the current state government’s tenure will end on 12 November.
The lawyer said the court judgment delivered on 17 July was duly served on Mr Omobayo and that several letters were also written to the House of Assembly but to no effect.
NAN also reported that Justice Omotosho had, on 24 September, struck out the two separate motions filed by the Edo State Government and the House of Assembly challenging the reinstatement of Mr Shaibu as deputy governor.
The judge, in a ruling, also awarded the cost of N200,000 each against the Edo State Government and the assembly, making a total of N400,000.
Justice Omotosho had, on 17 July, voided the impeachment of Mr Shaibu as the deputy governor of Edo by the House of Assembly.
In his judgment, the judge ordered his reinstatement to office because 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 Mr Shaibu as the plaintiff.
The reinstated deputy governor had sued the Inspector-General of Police, the deputy governor of Edo, the AG, the chief judge of Edo, the Speaker of Edo House of Assembly, and the Edo House of Assembly as the first to sixth defendants, respectively.