But, for the timely intervention of Kehinde Ogunwumiju (SAN), lawyer to Governor. Rochas Okorocha of Imo State, Senator Osita Izunaso, representing Imo West Senatorial District would have been sentenced to prison on Wednesday for contempt.
Izunaso, who is the third respondent in the suit filed by Okorocha before the Federal High Court, Abuja over the alleged refusal of the Independent National Electoral Commission (INEC) to issue him with a certificate of return, drew the court’s anger by his conduct, which the court found to be disrespectful of the court.
When the case was called on Wednesday, Justice Okon Abang said he was in receipt of a document filed by Izunaso, an affidavit of facts, indicating that he (Izunaso) had filed an application at the Court of Appeal for a stay of proceedings in the case before the trial court.
Justice Abang subsequently sought the views of lawyers in the case. Defendants’ lawyers asked the judge to defer to the application before the appellate court and stay proceedings. But plaintiff’s lawyer, Ogunwumiju disagreed.
He prayed the court to dismiss the application, arguing that it was incompetent.
After listening to parties, Justice Abang, before delivering his ruling, instructed an official of the court to invite Izunaso, who had sat among the audience in court, to stand in front of the court, to enable him properly appreciate the court’s ruling.
Justice Abang noted that Izunaso’s decision to include his name as a party to be served a court process filed at the Court of Appeal was scandalous and embarrassing and showed that Izunaso had no respect for the court.
The judge said: The motion filed at the Court of Appeal where my name is recorded is before me, tagged as exhibit c, attached to the third defendant’s affidavit of facts.
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“The third defendant is also before me so I have jurisdiction over him summarily if that was not sufficient, he deposed to an affidavit that the motion was duly served on me.
“This is only to ridicule the court and lower the esteem of the judge in the eye of the public as if the judge is a party in the matter.
“This shows the level of disregard Izunaso has for the court which is established by the constitution.”
Justice Abang added that Izunaso’s conduct before the court, as reflected in the application he filed, is contemptuous; it is contempt in the face of the court not outside the court.
The judge noted that in Izunaso’s case, which is contempt before the court, the judge is the complainant, the prosecutor and remained the judge.
He added: “I have jurisdiction to deal with him summarily because he is the contemnor and he is before the court.
“The senator ought to have been remanded in prison today for contempt of court, he is before me and the offensive affidavit is also before me.”
Justice Abang, who appeared livid, however, changed his mind when he considered the intervention by Ogunwumiju.
The judge said: “Having regards to the passionate plea from the learned senior counsel, (Ogunwumiju), I will let the distinguished senator go home today, not because the court is weak or cowardly.
“We have been trained to use our summary powers sparingly, I will leave the senator to his conscience, he is accordingly discharged even though I find his conduct before the court contemptuous,” the judge said.
The judge also agreed to adjourn the further proceedings in the case to a later date.
Meanwhile, besides his application for stay of proceedings, Izunaso also has before the Court of Appeal, a notice of appeal.
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