The Federal High Court in Abuja on Friday discharged Mr. Godwins Omobayo, a former Deputy Governor of Edo State, of contempt after he tendered an unreserved apology for his misconduct.
Justice James Omotosho struck out the contempt charge filed by Mr. Philip Shaibu after counsel for both parties — Ken Mozia, SAN (for Omobayo) and Ayotunde Ogunleye, SAN (for Shaibu) — informed the court that the matter had been amicably resolved.
Shaibu had been reinstated as Deputy Governor during the administration of former Governor Godwin Obaseki following his earlier impeachment by the Edo State House of Assembly. Obaseki governed Edo State between November 12, 2016, and November 12, 2024.
Justice Omotosho had on Wednesday fixed Friday for ruling on the contempt charge after Omobayo’s counsel requested time for the parties to explore an out-of-court settlement.
When the matter was called on Friday, Ogunleye informed the court that intervening circumstances had arisen and invited Mozia to address the court. Mozia told the court that the parties had resolved the issues between them.
“We have taken benefit of your lordship’s kind disposition and met severally. On our part, we have filed a letter of apology addressed to the Deputy Chief Registrar of this court conveying the remorse of the party sought to be committed in the suit, and we equally filed an affidavit,” Mozia said.
He confirmed that the letter and affidavit had been filed and served on all parties and that the issues with the applicant (Shaibu) had been expressly resolved.
Justice Omotosho noted that even though the parties had settled, the contemptuous aspect still needed to be addressed since the order originated from the court. He therefore directed Omobayo to read both the affidavit and the letter of apology in open court.
Standing before the court, Omobayo introduced himself and apologised wholeheartedly. “I apologise wholeheartedly and I purge myself of this contempt,” he said.
While reading the affidavit sworn on September 24, he expressed regret for the actions that led Shaibu to file the suit. He stated that he did not intend to disregard the court’s judgement of July 17, 2024, and confirmed that he had resolved the issues with the judgement creditor.
Reading the letter of apology, Omobayo undertook never again to present himself anywhere as the former Deputy Governor of Edo State in violation of the court order. He also vowed not to perform any function relating to the office of the Deputy Governor as directed by the court.
“I humbly tender an apology before this honourable court for my action … and I regret my action,” he said, adding that his conduct was never intended to disregard the court order and that he had learnt his lesson.
Following the public apology, Ogunleye applied to withdraw the contempt charge and urged the court to strike it out. Mozia did not oppose the application.
Justice Omotosho granted the application, stating that he was not averse to it, especially after Omobayo had purged himself of the contempt. Before vacating the charge, the judge emphasised that the court must jealously guard its powers and protect the sanctity of the temple of justice.
He stressed that irrespective of anyone’s position in the country, the law must be obeyed. “I will not hesitate to do anything to protect the sanctity of this temple because without this, the peace of the society will be fragile, which I will not be party to,” the judge said.
He used the occasion to send a clear message, particularly to the executive arm of government, that court orders must always be obeyed, citing the Supreme Court decision in Military Administrator of Lagos vs Ojukwu which condemned executive lawlessness.
“I will have put you in prison for three months irrespective of your position. The ruling is hereby vacated,” Justice Omotosho ruled.
Omobayo was charged with contempt for allegedly refusing to vacate the deputy governorship position after the court’s judgement of July 17, 2024, which reinstated Shaibu. The judgement voided Shaibu’s impeachment by the Edo House of Assembly on the grounds that due process was not followed and that the allegations did not constitute gross misconduct.
Omobayo had been sworn in as Deputy Governor on April 8, 2024, after Shaibu’s impeachment. His alleged refusal to step aside after the court order prompted Shaibu to file the contempt charge in September 2024.