Former Edo State deputy governor, Marvellous Omobayo, has escaped a three-month imprisonment for contempt of court. The case was brought by former Deputy Governor Philip Shaibu, who had sued Omobayo for refusing to vacate his office despite a court judgment ordering his reinstatement. Omobayo's counsel, Ken Mozia, SAN, had requested more time to enable the parties to complete negotiations aimed at resolving the dispute.
Justice James Omotosho of the Federal High Court sitting in Abuja had initially prepared to commit Omobayo to the Kuje Correctional Centre for three months without an option of fine. However, he took into consideration Omobayo's apology and remorse, as well as the steps taken by both parties to resolve the dispute. The judge noted that the proposed jail term was intended to serve as a warning to public officials against disobeying court orders.
According to Justice Omotosho, the sanctity of the temple of Justice must be protected, and he warned Omobayo not to make any attempt to disobey a valid order of court. Omobayo had expressed regret over his actions and apologized to the court and Shaibu. In an affidavit, he described himself as the alleged contemnor and said he regretted the actions that led to the contempt proceedings.
Omobayo 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. 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.
The contempt charge was filed by Shaibu's counsel, Ayotunde Ogunleye, SAN, 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, which became the basis of the contempt proceedings against Omobayo, had 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 was sworn in as deputy governor on April 8, 2024, following Shaibu's impeachment. 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. The judge granted the request out of respect for the senior counsel and because of the ongoing reconciliation.
Key points
- Omobayo apologized and undertook not to engage in any conduct that would violate or disobey the judgment.
- The proposed jail term was intended to serve as a warning to public officials against disobeying court orders.
- The court had voided Shaibu's impeachment as Deputy Governor of Edo State and ordered his reinstatement.
