The Court of Appeal, Abuja Division, has dismissed an application filed by former Edo State Deputy Governor, Omobayo Godwin for lacking merit and constituting an abuse of court process.
Delivering the unanimous ruling of a three-member panel of Justices of the court on Wednesday, Justice Okon Abang held that Godwin’s bid to obtain leave to appeal a judgment of the Federal High Court delivered on July 17th, 2024, was incompetent and unjustified.
Justice Abang ruled that, although Godwin argued he was not personally named in the original suit, he was nonetheless a party by virtue of occupying the office of deputy governor at the time.
He described the applicant’s claim as “misleading and misconceived,” noting that the office he held was directly sued, making him bound by the proceedings and judgment of the court.
The three reliefs sought by Godwin in his application, include, an extension of time to seek leave to appeal, leave to appeal as an interested party against the judgment of the trial court suit No. FHC/ABJ/CV/178/2024, delivered on 17th July 2024 and extension of time to file the appeal.
However, Justice Abang held that the first two prayers of the applicant were incompetent, leaving only the request for extension of time to appeal for consideration of the court.
In resolving that issue, Abang reiterated the legal requirement that an applicant must provide “good and substantial reasons” for failing to appeal within the prescribed period, as well as show that the proposed grounds of appeal have merit.
He held that, when the Federal High Court had, in its judgment ordered the applicant to vacate the seat of Deputy Governor of Edo state, he used his executive might and refused to vacate the office he was ordered to do so.
Justice Abang said, when a committal proceedings was initiated against him for his refusal to vacate the office, the applicant rushed to the Court of Appeal to stop the proceedings. He held that the committal proceedings against the applicant should proceed unhindered.
The court held that Godwin failed on both counts and faulted his explanation that he delayed action due to a “misapprehension” of the need to appeal, describing it as a “lame and untenable excuse.”
Justice Abang, who described Godwin’s application as strange and peculiar, emphasized that the applicant was fully aware of the judgment and its implications but failed to act within the legally stipulated timeframe.
The appellate court further observed that the issues raised in the proposed appeal had been overtaken by events, particularly as Godwin’s tenure had already expired. As such, any appeal would serve no practical purpose and would amount to an academic exercise.
“The purpose of this application is merely to frustrate ongoing committal proceedings,” the court held, warning that judicial time should not be wasted on appeals that is lacking value.
In a strongly worded remark, Justice Abang cautioned public office holders against disregarding court orders, stating that “executive might has its expiry date,” stressing the supremacy of the rule of law.
Consequently, the court dismissed the application in its entirety and awarded costs of N500,000 against the applicant.
The ruling was concurred by the other members of the panel, who agreed that the application was frivolous, devoid of merit, and an abuse of judicial process.
It would be recalled that Justice James Omotosho had, in a judgement delivered on July 17th, 2024 reinstated Philip Shuaibu as the Deputy Governor of Edo State, following his earlier impeachment by the Edo State House of Assembly.
The trial Judge held that, the removal of Shuaibu from office as Deputy Governor of Edo State and the subsequent appointment of Omobayo Godwin as his replacement by the Governor of Edo State was illegal, unconstitutional, null and void.
Aside from restoring him to office as the Deputy Governor, the court held that all his salaries, allowances, and benefits should be paid to him from April 8, when he was illegally impeached, until the expiration of his tenure.
The trial court maintained that the reason the Edo House of Assembly gave for impeaching the plaintiff was lame and smacked of an ochestrated political vendetta.
Shuaibu, in his motion marked FHC/ABJ/CS/321/2024, joined the Edo State Government, Edo State Governor, Edo State House of Assembly, Edo State House of Assembly Speaker, the Clerk of the Assembly, the Chief Judge of Edo State, IGP and Director General of the Department of State Services (DSS) as the 1st to 8th defendants.
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