Former Edo State Deputy Governor Marvellous Omobayo on Friday narrowly escaped a three-month jail term without an option of fine after his predecessor, Philip Shaibu, accepted his apology in a contempt-of-court proceedings before the Federal High Court in Abuja.
Justice James Omotosho, who presided over the case, disclosed that he had been prepared to commit Omobayo to the Kuje Correctional Centre over the alleged disobedience of a subsisting court judgment.
The judge said the proposed custodial sentence was intended to send a strong warning to public officials who treat court orders with contempt.
“Let me just tell you, I would have sent you to three months imprisonment with no option of fine. I wanted to use you as an example for others, especially the executive and legislature, who are always in the habit of disobeying court rulings,” Justice Omotosho said.
The dramatic turn of events occurred in Suit No. FHC/AB/CS/478/2024, instituted by Shaibu and six others, in which Omobayo faced contempt proceedings arising from the alleged disobedience of the court’s judgment delivered on July 17, 2024.
The court had been scheduled to rule on the contempt application on Wednesday, September 23. However, negotiations between the parties and Shaibu’s eventual acceptance of Omobayo’s apology paved the way for an amicable resolution.
Delivering his ruling on Friday, September 25, Justice Omotosho approved the parties’ move to settle the dispute but stressed that disobedience of judicial orders remained a serious matter.
His warning extended beyond the parties before the court, as he cautioned public officers and institutions against treating court orders as optional.
Earlier, counsel to Omobayo, Mozia, informed the court that the parties had utilised the opportunity granted to them to resolve the dispute.
He said his legal team met with Shaibu’s lead counsel, Ayotunde Ogunleye, SAN, and held extensive discussions which resulted in substantial agreement.
“We had an extensive discussion leading to this.
“We met and we had substantially agreed on what to do,” the counsel told the court.
In an affidavit filed before the court, Omobayo expressed regret over the conduct that led to the contempt proceedings and tendered an apology to both the court and Shaibu.
“I regret the actions on my part which caused the Judgment Creditor, Philip Shaibu, to institute the instant proceedings,” he stated.
Omobayo further apologised for any inconvenience caused to the court and the judgment creditor, insisting that he never intended to disrespect the court or disregard its July 17, 2024 judgment.
“I did not intend to disrespect this Honourable Court or to disregard its orders contained in the judgment delivered on 17th July, 2024 and hereby apologise in that regard,” he stated.
He also undertook not to engage in any act or conduct that could amount to a violation, disobedience or contempt of the judgment.
In a significant undertaking before the court, Omobayo agreed not to hold himself out, present or describe himself, or cause himself to be represented as the Deputy Governor of Edo State in official or private correspondence, public functions, engagements, publications or social-media communications, in accordance with the judgment and subsisting orders of the court.
He further undertook not to exercise, purport to exercise, assume or perform any powers, functions, privileges or responsibilities attached to the office of Deputy Governor of Edo State contrary to the judgment and orders of the court.
“I have resolved the issues arising from the initiation of this contempt proceedings with the Judgment Creditor, Philip Shaibu, with his esteemed cooperation,” Omobayo declared.
As part of the terms of settlement, Omobayo is also required to tender an apology through specified media organisations to the court, the people of Edo State, the Edo State Government, the Edo State House of Assembly, Shaibu and members of his family.
The apology is also said to extend to Shaibu’s political associates, the Association of Former Deputy Governors Forum, the Oba of Benin, the Akoko-Edo Traditional Council, the Ogenene of Uzairue, the Otaru of Auchi, Chief Ayotunde Ogunleye, SAN, Reuben Eguaba and counsel in Legal Tixedo & Associates.
The media organisations listed include Arise News, Channels Television, TVC News, AIT, NTA, News Central, The Nation, Vanguard, Daily Trust, THISDAY, Blueprint and The Sun.
With Shaibu accepting the apology and the parties reaching an understanding, the immediate threat of imprisonment was lifted.
But Justice Omotosho’s stern warning left no doubt about the seriousness with which the court viewed the alleged disobedience.
The judge made it clear that, had Shaibu not accepted the apology and settlement, Omobayo was facing three months in prison without an option of fine.
