UPDATE: COURT SUMMONS OMOBAYO OVER ALLEGED REFUSAL TO VACATE EDO DEPUTY GOVERNORSHIP POSITION

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Godwins Omobayo, the troubled Deputy Governor of Edo, was ordered by a Federal High Court in Abuja on Monday to appear before the court in person on November 26 for allegedly disobeying the court’s order.

In a decision, Justice James Omotosho ruled that, in accordance with Section 36 of the 1999 Constitution (as amended), Omobayo, the accused defendant, should be granted a fair hearing and the chance to defend himself.

According to the News Agency of Nigeria (NAN), Philip Shaibu, the deputy governor of Edo who was reinstated, filed a contempt charge against Omobayo, requesting that he be imprisoned for allegedly refusing to resign from his position following a valid court ruling.

On July 17, Justice Omotosho overturned the House of Assembly’s decision to remove Shaibu from his position as Edo’s deputy governor.

Because the Edo House of Assembly did not follow due process in the alleged impeachment, the judge in the ruling ordered his return to office.

The judge further ruled that the accusation upon which the assembly had founded the impeachment proceedings was not grounds for serious misbehaviour and was legally untenable.

The lawsuit, filed by Shuaibu as the plaintiff and designated FHC/ABJ/CS/478/2024, was the subject of the ruling.

The reinstated deputy governor filed lawsuits against the Chief Judge of Edo, the Speaker of the Edo House of Assembly, the Deputy Governor of Edo, the AG, the Inspector-General of Police (IGP), and the Edo State House of Assembly as first and sixth defendants, respectively.

Following Shaibu’s impeachment by the state assembly, Omobayo was sworn in as the new deputy governor on April 8.

According to NAN, the judge scheduled the hearing for today on October 24.

After the court allowed Shaibu’s motion ex parte to order a substituted serving of Form 49 on Omobayo, Justice Omotosho rescheduled the date.

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Ini-obong Ebiekpi, who represented Shaibu, told the court that the case was scheduled for hearing on the final date of the adjournment.

Omobayo, the second defendant in the allegation, was served with Form 48 but they were unable to serve him with Form 49, according to Ebiekpi.

According to the attorney, a motion ex parte was filed for the substituted serving of Form 49 on Omobayo on this basis.

As a result, Justice Omotosho granted the motion and postponed the hearing to November 4.

Ayotunde Ogunleye, SAN, represented Shaibu, who was also present in court when the case was called on Monday.

F.N. Ogbe represented the Edo Chief Judge (4th defendant), while Olusegun Jolaawo, SAN, represented the Edo House of Assembly (6th defendant).

Nevertheless, neither he nor Omobayo had legal representation in court.

In addition, the first, second, third, and fifth defendants were not represented.

Therefore, Ogunleye requested orally that the court order Omobayo to appear in person because the court’s order could no longer be disregarded.

Delivering the ruling, Justice Omotosho adjourned the matter until Nov. 26 for hearing.

He also ordered that hearing notices be issued to the 1st, 2nd, 3rd, and 5th defendants in the charge.

“In the interest of justice and to give the alleged contemnor the opportunity to defend himself and a fair hearing in line with Section 36 of the 1999 Constitution (as amended), the alleged contemnor is hereby ordered to be in court in person on the 26th day of November, 2024, being the next adjourned date,” the judge ruled.

NAN observes that the current state government’s tenure would be coming to an end on Nov. 12.