Court Summons Omobayo Over Refusal to Vacate Edo Deputy Governorship, Sets Hearing for November 26

The Federal High Court in Abuja has issued a summons for Godwins Omobayo, the embattled Deputy Governor of Edo State, ordering him to appear on November 26 over allegations of contempt. The order follows accusations that Omobayo failed to vacate the office of deputy governor despite a prior court ruling reinstating Philip Shaibu, who was controversially removed from the position earlier this year.

Justice James Omotosho, presiding over the case, emphasized that Omobayo’s in-person attendance would ensure he receives a fair hearing, in accordance with Section 36 of Nigeria’s 1999 Constitution. This action is the latest development in an ongoing legal battle that began with Shaibu’s impeachment in April, which was later voided by the court.

On July 17, Justice Omotosho ruled Shaibu’s impeachment invalid, citing procedural flaws by the Edo House of Assembly, which he stated did not adhere to due process. The judge also determined that the grounds for Shaibu’s removal were not legally tenable, ruling in favor of Shaibu’s reinstatement. Despite this judgement, Omobayo, who was appointed as Shaibu’s replacement, has allegedly remained in office, prompting Shaibu to file for contempt.

Shaibu’s suit named the Inspector-General of Police, the Attorney General of Edo State, the Edo Chief Judge, the Speaker of the Edo House of Assembly, and the Assembly itself among the defendants. During a prior hearing, Shaibu’s counsel Ini-obong Ebiekpi informed the court that they were unable to serve Omobayo with Form 49, a summons to answer charges of contempt, despite having served Form 48. As a result, the court permitted substituted service of Form 49.

On November 4, the matter came up again with senior advocates Ayotunde Ogunleye representing Shaibu and Olusegun Jolaawo representing the Edo House of Assembly. Neither Omobayo nor any representatives for the Inspector-General, the Deputy Governor, or the Attorney General were present in court, a situation Shaibu’s legal team argued demonstrated disregard for the court’s authority.

Justice Omotosho consequently ordered Omobayo’s personal appearance in court on November 26 to address the allegations. He also mandated that hearing notices be issued to the other defendants.