Shaibu vs Omobayo: Edo Attorney General Takes Over As Ken Mozia Dropped as Counsel Representation in Contempt Suit
By Simeon OSAJIE
Hearing in the contempt proceedings initiated at the Federal High Court, Abuja, presided over by Justice James Omotosho, by the immediate past deputy governor of Edo State, Philips Shaibu against Ex-Governor Godwin Obaseki’s appointed deputy governor, Marvellous Omobayo Godwins, has suffered another adjournment to March 11, 2025.
The adjournment followed a change of legal representation in the case as Edo State Attorney General and Commissioner for Justice, Dr. Samson Osagie announced to the court on Wednesday that he was taking over representation of the 2nd to 6th Defendants/Respondents from Ken Mozia, Senior Advocate of Nigeria (SAN) and others who had represented Omobayo.
The Attorney General told the court that since he assumed office about two months ago, no legal practitioner had briefed him about his representation of the 2nd to 6th defendants, adding that there was no record of the case except the recent hearing notices that were served on him, hence he decided to appear for parties in the state in the case.
Dr. Osagie said in his capacity as the Attorney General and Commissioner for Justice of the state, his duty was to represent the state parties.
Justice James Omotosho of the Federal High Court, Abuja, had on July 17, 2024, in a declaratory judgement, voided the purported impeachment of Philip Shaibu as the deputy governor, and reinstated him.
Shaibu, was however denied the benefit of the judgement as he was denied access to his office by Obaseki prompting him to approach the court to file contempt charges against Omobayo who was consequently served with Form 48 and later Form 49 which represented contempt of court and impersonation as deputy governor of the state.
The case, which began October 24, 2024, had suffered several adjournments. It been adjourned to November 4, 2024, but Omobayo was not in court prompting Justice Omotosho to again adjourn to November 25, 2024, with the order that he must personally appear before him over his alleged disobedience to court judgement. He appeared with his counsel, Ken Mozia.
Justice Omotosho had fixed January 29 for hearing after Shaibu’s counsel, Reuben Egwuaba, informed the court that a contempt charge had been filed for the committal of Omobayo, who took over as deputy governor, to prison due to his refusal to comply with the valid order of the court.
Justice Omotosho equally ordered that Omobayo be served with all the court documents, including Form 49, filed on September 19, in order to be given the opportunity to purge himself of the contempt charge.
Earlier, Egwuaba had prayed for a short adjournment since the current state government’s tenure would end on November 12. He further submitted that the court judgment delivered on July 17 was duly served on Omobayo and that several letters were also written to the State House of Assembly but to no effect.
