A High Court of the Federal Capital Territory (FCT) in Bwari, Abuja, has insisted that its judgment and orders affirming the legitimacy of the executive of the All Progressives Congress (APC) in Imo State, led by Daniel Nwafor, remain in force.
Justice Othman Musa made the clarification yesterday at the resumed hearing in post-judgment proceedings initiated by the national office of the APC, its National Chairman, Adams Oshiomhole and Nwafor.
The court, in an August 14, 2018 judgment, upheld the legitimacy of the Nwafor-led executive of the Imo State APC, and forbade the dissolution of the state executive.
After the judgment, Nwafor filed an application, seeking Oshiomhole’s committal to prison, on the grounds that he allegedly moved to dissolve the Nwafor-led executive, in violation of the August 2018 judgment.
Oshiomhole and the APC equally filed an application, challenging the validity of the judgment, which they argued was delivered without jurisdiction. They filed a counter-affidavit to Nwafor’s application.
Damian Dodo (SAN), representing the APC and Oshiomhole, yesterday urged the court to, first hear and determine his clients’ motion, challenging the court’s jurisdiction and the validity of the judgment.
Nwafor’s lawyer, Chidozie Ogunji, however objected and urged the court to first hear his client’s application for the committal of the APC National Chairman to prison, before hearing any other application.
Ogunji argued that it was wrong for Dodo to ask the court to hear his application challenging jurisdiction before taking the contempt proceedings.
He contended that a court has a duty to protect its proceedings and processes from invasion.
Ogunji added that up and until the court deals with the issue of contempt, which is an affront on the court, the issue of jurisdiction, in whatever manner it is raised, is inconsequential.
He stressed: “This is so, because, by the court dealing with the affront on it, the court is and will be protecting its jurisdiction. Today, the party sought to be committed is not in court. And whether the said party is challenging the jurisdiction of the court or not, once it is a contempt proceeding, the defendant must be in court.
“We do not intend, for now, to apply that a bench warrant be issued. But we ask that the court makes an order that the party sought to be committed, (Oshiomhole), attends court on the next date, so that there will not be a continuous show of disrespect to this court.”
Dodo, in his reply on point of law, faulted Ogunji’s argument, and urged the court to first, consider the challenge to its jurisdiction, before conducting any other business.
He argued that the orders and judgment being challenged by his clients were allegedly got without their knowledge.
Dodo added that the position of the law is that, where a party is challenging the validity of an order or judgment, that person cannot be proceeded against, by way of contempt proceedings until the question about the jurisdiction of the court is resolved.
On Ogunji’s claim that Oshiomhole disrespected the court be being absent, Dodo argued that the APC National Chairman had shown respect for the court by retaining a lawyer to canvass legal argument on his behalf on whether or not the court has jurisdiction.
Dodo argued that until the issue of jurisdiction was resolved, Oshiomhole’s presence in court was still unnecessary.
Justice Othman agreed with Dodo that though the court must protect its dignity and proceedings, it was necessary that it firs, resolve questions about its jurisdiction when raised, before conducting further proceedings.
The judge consequently elected to first hear the applications by the APC and its National Chairman, on the issue of jurisdiction, before hearing Nwafor’s application for committal.
He, however, insisted that the August 14, 2018 judgment and consequent orders remain in force, until the question about the validity of the judgment and orders was resolved.
Justice Musa adjourned till March 20 for the hearing of the application by the APC and its National Chairman.
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