A Federal High Court in Abuja has scheduled hearing for October 24 in a contempt proceeding initiated by the reinstated Edo Deputy Governor, Phillip Shuaibu against Marvellous Godwins Omobayo, claiming to be the Deputy Governor.
Justice James Omotosho chose the date on Tuesday after Shuaibu’s lawyer, Reuben Eguaba drew his attention to a motion by his client seeking Omobayo’s committal to prison for allegedly failing to comply with a subsisting order of the court.
Justice Omotosho directed that Omobayo be served with all the documents filed so far, including Form 49, filed on September 19 by Shuaibu.
The judge said the service was necessary to give the alleged contemnor the opportunity to purge himself of the alleged contemptuous act.
Justice Omotosho said: “This matter is hereby adjourned to 24th day of October for hearing of the motion on notice dated 13th September and filed on 19th September, seeking for committal of Engr Marvellous Godwins Omobayo, and to give him opportunity to defend himself.
“I hereby make an order that the motion (for committal) be served on Marvelous Godwins Omobayo to enable him file necessary defence.”
Earlier, Eguaba urged the court to grant a short adjournment in the case since the tenure of the current administration in state will expire on November 12.
Eguaba told the court that its judgment, delivered on July 17 voiding Shuaibu’s impeachment and ordering his reinstatement, was duly served on Omobayo and that several letters were also written to the state’s House of Assembly, which they allegedly ignored.
Earlier in the proceedings, Justice Omotosho gave a ruling striking out the two motions filed by the Edo State Government and the House of Assembly, seeking to stay the execution of the judgment reinstating Shaibu as Deputy Governor of Edo State.
The judge equally awarded N200, 000 each, as cost, against the state government and the House of Assembly.
The ruling resulted from applications by lawyers to the state’s Attorney General and the House of Assembly – Marvin Omorogbe and Sonia Egbunia – for the withdrawal of both motions.
They said the decision to withdraw the motions was informed by the fact that the records of appeal had been transmitted to the Court of Appeal and the appeal entered.
Eguaba did not object to the withdrawal but prayed the court award N50million in cost against them.