The former Edo State Deputy Governor, appointed by Mr. Godwin Obaseki, Marvellous Omobayo, on Friday escaped a three-month jail term without an option of fine after former elected Deputy Governor Philip Shaibu accepted his apology in a contempt-of-court case before the Federal High Court, Abuja.
But for Shaibu’s last-minute acceptance of the apology, Omobayo would have been committed to the Kuje Correctional Centre, Justice James Omotosho disclosed while delivering his ruling.
The judge said he had been prepared to impose the custodial sentence as a warning to public officials who treat court orders with disdain.
“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 development occurred in Suit No. FHC/AB/CS/478/2024, instituted by Shaibu and six others, in which Omobayo was facing contempt proceedings arising from the alleged disobedience of the court’s judgment delivered on July 17, 2024.
The court had on Wednesday, September 23, been set to rule on the contempt application. But efforts by the parties to resolve the dispute out of court, coupled with Shaibu’s acceptance of Omobayo’s apology, changed the course of the proceedings.
Justice Omotosho, while giving his ruling on Friday, September 25, approved the parties’ move towards an amicable resolution but made it clear that the gravity of disobedience of court orders could not be ignored.
His warning went beyond the immediate parties, as he used the proceedings to caution public officers and institutions against treating judicial orders as optional.
Earlier, counsel to Omobayo, Mozia, told the court that the parties had taken advantage of the opportunity granted to them to resolve the dispute.
He disclosed that his team had met with Shaibu’s lead counsel, Ayotunde Ogunleye, SAN, and held extensive discussions which culminated in substantial agreement between the parties.
“We had an extensive discussion leading to this.
“We met and we had substantially agreed on what to do,” counsel told the court.
In an affidavit before the court, Omobayo personally expressed regret over the conduct that triggered the contempt proceedings and apologised 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.
He also apologised for any inconvenience caused to the court and the judgment creditor.
Omobayo said he did not intend 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 gave an undertaking not to engage in any act or conduct amounting to violation, disobedience or contempt of the judgment.
In another significant undertaking, Omobayo agreed not to hold himself out, present or describe himself, or cause himself to be represented or described 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.
