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ABUJA — Former Edo State Deputy Governor, Godwins Omobayo, on Friday escaped a possible prison sentence after the Federal High Court in Abuja struck out a contempt charge brought against him by former Deputy Governor Philip Shaibu.
Justice James Omotosho discharged Omobayo after he tendered an apology and pledged to comply with the court’s earlier order concerning Shaibu’s reinstatement as Edo Deputy Governor.
Omobayo had faced contempt proceedings over his alleged refusal to vacate the office of deputy governor following Justice Omotosho’s July 17, 2024 judgment, which nullified Shaibu’s impeachment by the Edo State House of Assembly and ordered his reinstatement.
At Friday’s proceedings, Omobayo personally addressed the court and apologised for his conduct.
“I apologise wholeheartedly, and I purge myself of this contempt,” he told the court.
In an affidavit sworn to on September 24, Omobayo said he did not intend to disregard the court’s judgment and confirmed that he had resolved the issues with Shaibu.
He also undertook not to present himself as Edo’s deputy governor or perform functions associated with the office, in compliance with the court’s order.
Following the apology and settlement between the parties, Shaibu’s counsel, Ayotunde Ogunleye, SAN, applied to withdraw the contempt charge. Omobayo’s lawyer, Ken Mozia, SAN, did not oppose the application.
Justice Omotosho consequently agreed to the withdrawal and struck out the charge.
However, before vacating the contempt proceedings, the judge issued a strong warning about the importance of obeying court orders.
Justice Omotosho said the authority and sanctity of the court must be protected, stressing that no individual should consider himself above the law because of his position.
The judge warned particularly against disobedience by public officials, noting that court orders must be respected irrespective of a person's status.
He said the judiciary would not tolerate conduct capable of undermining the authority of the courts.
In a striking revelation, Justice Omotosho disclosed that he had already prepared his ruling in the contempt matter and would have imposed a prison sentence on Omobayo had the parties not resolved the dispute.
“I will have put you in prison for three months irrespective of your position,” the judge said.
He subsequently vacated the ruling following Omobayo’s apology and the settlement reached between the parties.
How the Contempt Case Started
The dispute dates back to April 2024, when the Edo State House of Assembly impeached Shaibu as deputy governor.
Omobayo was subsequently sworn in as deputy governor on April 8, 2024.
However, on July 17, 2024, Justice Omotosho nullified Shaibu’s impeachment, holding that the process adopted by the Edo Assembly failed to comply with constitutional requirements. The court ordered Shaibu’s reinstatement.
Omobayo’s continued occupation of the office after the judgment led Shaibu to initiate contempt proceedings against him.
The matter remained before the court for two years, with the parties eventually seeking an amicable resolution.
On Wednesday, Omobayo’s counsel had asked Justice Omotosho to suspend delivery of the ruling to allow the parties more time to conclude their reconciliation. The court subsequently fixed September 25 for the ruling.
The parties returned to court on Friday with a settlement, including Omobayo’s apology and undertaking to abide by the court’s order.
With the contempt charge now struck out, Omobayo will not serve the three-month prison term the judge said he would have imposed had the matter not been resolved.
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