The ruling planned for yesterday by a Federal High Court in Abuja in the contempt case against a former Deputy Governor of Edo State, Godwins Omobayo, has been stalled owing to his request for time to explore out-of-court settlement.
The contempt case was brought against Omobayo by another former Deputy Governor in the state, Philip Shaibu, for allegedly refusing to abide by the court’s judgment of July 17, 2024 voiding Shaibu’s impeachment and ordering Omobayo to vacate the seat.
At the mention of the case yesterday, Justice James Omotosho announced that he was ready to read the ruling. He was about to commence when Omobayo’s lawyer, Ken Mozia (SAN), sought the judge’s permission to address the court.
Mozia noted that out of the magnanimity of the court, the parties were given the opportunity to resolve the issues out of court.
He said his team met with the lead counsel for the applicant (Shaibu), Ayotunde Ogunleye (SAN), during which parties had an extensive discussion.
Mozia said: ‘We met and we had substantially agreed on what to do,’ adding that parties were yet to completely agree on some issues raised by the applicant.
He added: ‘By Friday evening, I got some conditions which they said they required. We request your lordship to allow us to engage in reconciliation.
‘My intention this morning is to appeal to your lordship to allow us deliberate on issues left. I am sincerely appealing that my lord can give us one more time to clear the two outstanding issues.’
When asked if Omobayo, who was also in court, had shown remorse for his alleged misconduct, Mozia said he was in court to speak on his behalf, adding that the alleged contemnor was prepared to address the court himself.
Justice Omotosho, who said it was not his practice to suspend ruling while it was about to be delivered, recalled that the court had given the parties about two months to reconcile.
The judge said: ‘I don’t even do that; to suspend ruling on the day of delivery. It is out of respect to the learned senior counsel.’
He then turned to Shaibu’s lawyer, Kunle Lawal, and sought his opinion.
Lawal confirmed that a reconciliation process was ongoing between the parties, saying he was not opposed to the application by Mozia for a short adjournment.
He said: ‘I can confirm that, that is the position my lord, that they will need more time to review some of the outstanding issues.’
Justice Omotosho then adjourned the matter till tomorrow for ruling.
Justice Omotosho had, on July 17, 2024, voided the impeachment of Shuaibu as the deputy governor of Edo by the House of Assembly.
The judge, in the judgment, ordered his reinstatement to office on the grounds that 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 a gross misconduct.
The judgment was on the suit marked: FHC/ABJ/CS/478/2024 with Shaibu as the plaintiff.
Shaibu had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the AG, Chief Judge of Edo, Speaker of Edo House of Assembly and the Edo State House of Assembly as 1st to 6th defendants.
Omobayo was, on April 8, 2024, sworn in as the new deputy governor after Shaibu’s impeachment by the House of Assembly.
However, after the court’s judgment, Omobayo allegedly refused to vacate the deputy governorship position, prompting Shaibu to initiate the contempt proceeding.