The Federal High Court in Abuja has suspended the delivery of its ruling in contempt proceedings brought by former Edo State Deputy Governor Philip Shaibu against Godwin Omobayo, after Omobayo asked the court for more time to pursue an out-of-court settlement.
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Justice James Omotosho was set to deliver the ruling on Wednesday when counsel to Omobayo, Ken Mozia, SAN, intervened and appealed to the court to allow the parties another opportunity to conclude ongoing reconciliation talks. The court subsequently adjourned the matter until September 25 for ruling.
The contempt proceedings were initiated by Shaibu over Omobayo’s alleged failure to comply with the Federal High Court’s July 17, 2024 judgment which nullified Shaibu’s impeachment as deputy governor and ordered his reinstatement.
At Wednesday’s proceedings, Justice Omotosho announced that he was ready to deliver his ruling before Mozia sought permission to address the court.
The senior lawyer told the court that the parties had previously been given an opportunity to resolve their differences and that discussions had taken place with Shaibu’s legal team, led by Ayotunde Ogunleye, SAN.
“We met, and we had substantially agreed on what to do,” Mozia told the court, explaining, however, that the parties had yet to resolve some conditions raised by Shaibu’s side.
According to him, further conditions were received on Friday and two outstanding issues remained unresolved.
“My intention this morning is to appeal to your lordship to allow us to deliberate on issues left. I am sincerely appealing that my lord can give us one more time to clear the two outstanding issues,” Mozia said.
When the court asked whether Omobayo, who was physically present, had shown remorse over the alleged contempt, Mozia said he was appearing on his client’s behalf and added that Omobayo was prepared to personally address the court.
Justice Omotosho expressed reservations about postponing a ruling on the very day fixed for its delivery, noting that the court had already given the parties about two months to explore reconciliation.
“I don’t even do that; to suspend ruling on the day of delivery. It is out of respect to the learned senior counsel,” the judge said.
The judge thereafter sought the position of Shaibu’s counsel, Kunle Lawal, who confirmed that reconciliation efforts were ongoing and did not oppose the request for a short adjournment.
“I can confirm that that is the position, my lord, that they will need more time to review some of the outstanding issues,” Lawal told the court.
Justice Omotosho then adjourned the matter until September 25 for ruling, effectively giving the parties another brief window to conclude their reconciliation efforts.
The contempt dispute traces back to the political crisis that culminated in Shaibu’s removal as Edo deputy governor by the State House of Assembly on April 8, 2024. The Assembly voted to impeach him after considering the report of a seven-member investigative panel, following allegations that included disclosure of official secrets.
Omobayo was subsequently sworn in as deputy governor on the same day following Shaibu’s removal.
However, on July 17, 2024, Justice Omotosho nullified Shaibu’s impeachment in Suit No. FHC/ABJ/CS/478/2024, holding that the process adopted by the Edo State House of Assembly did not comply with the constitutional procedure for removing a deputy governor.
The court ordered Shaibu’s reinstatement and directed that his security details be restored. Contemporary reporting of the judgment stated that the court found the removal and subsequent appointment of Omobayo unlawful and held that the impeachment process breached Section 188 of the Constitution.
Justice Omotosho also held that the allegation relied upon for the impeachment was untenable in law and did not amount to gross misconduct.
Shaibu subsequently commenced the contempt proceedings, alleging that Omobayo failed to vacate the deputy governorship following the judgment. That allegation is the subject of the pending contempt process; the court had not delivered its ruling as of Wednesday.
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