The Nation Newspaper

Tag: Contempt of court

  • Contempt of court: Kano judge orders arrest of state anti-corruption chairman

    A Kano State High Court presided over by Justice Muhammad Yahaya has ordered for the immediate arrest of the State Anti Corruption and Public Complaints Commission Executive Chairman, Mr. Muhuyi Magaji Rimin-Gado for alleged contempt of court.
     
    Justice Yahaya in the Court Order dated July 6, 2018 with Suit No: K/M 235/2018, directed the office of the State Chief Justice to issue an Order of arrest of the anti corruption boss on account of alleged contempt of court.
     
    The Order noted, “at the last adjourned date I made an order that the 1stRespondent/Contemptnor Muhuyi Magaji must to be present in Court and the order remains valid until set aside.”
     
    “Therefore I hereby ordered AIG Zone one Kano to immediately arrest 1th Respondent/Contemptnor in person Muhuyi Magaji and to produce him before this Court on 18th July 2018.”
     
    The Judge also attached an arrest warrant of the anti corruption chairman, Muhuyi Magaji Rimin-gado.
     
    Justice Yahaya maintained that nobody could be allowed to usurp the judicial power which is under section 6 of the 1999 Constitution of the Federal Republic of Nigeria.
     
    The Nation recalls that Muhuyi who spoke to the press, accused the Judge of over-stepping his judicial authority by issuing four exparte motions trying to stop investigation into a case of a transfer of N100 Million Local Government joint account money lodged at the Stanbic Bank account of a Micro Finance bank by a staff of the Micro Finance.
    All efforts made to speak to Muhuyi Magaji Rimin-gado was not successful.
  • Three docked over alleged contempt of court order

    Three docked over alleged contempt of court order

    Three men, who allegedly disobeyed a court order by possessing plots of land already awarded to one Ogunlana’s family, were on Friday charged before an Igbosere Magistrates’ Court in Lagos.

    However, the accused were granted bail in the sum of N500, 000 each with two sureties each in like sum.

    The trio; Safari Sadiku, 67; Bayo Lawal, 53, and Bakare Ololade, 23, are facing a seven-count charge bordering on conspiracy, unlawful interference, contempt of court and forcible possession.

    The Prosecutor, Insp. Steven Molo, told the court that they committed the offences between February and March, at Agunfoye, Igbogbo in Ikorodu, Lagos.

    He said that the accused unlawfully entered into the plots of land belonging to Chief Kolawole Ogunlana’s family with the intent to cause breach of peace.

    Molo said that the accused forcefully took possession of the said land without any claim of right.

    “The land which was recently obtained by Ogunlana’s family through a writ of court,’’ he said.

    He alleged that the accused through their actions conspired to pervert and defeat the course of justice.

    Mole said the offences contravened sections 52, 53,104 (1), 123 (1), 97 (1), 338 and 409 of the Criminal Law of Lagos State, 2011.
    The accused pleaded not guilty to the charge.

    The Magistrate, Mr. Martin’s Owunmi, granted the accused bail in the sum of N500,000 each with two sureties in like sum.

    He added that the sureties must be gainfully employed.

    Owunmi adjourned the case to April 22 for mention.

     

  • Businessman charges EFCC with contempt of court

    A businessman, Jide Adelakun, has accused the Economic and Financial Crimes Commission (EFCC) of disobeying orders made by the Federal High Court in Lagos.

    Adelakun said both the bank and EFCC were served with the Court order, but that the commission was yet to unfreeze his accounts with Skye Bank, Adeola Hopewell, Victoria Island branch.

    “What is now the meaning of the ‘rule of law’ when certain government parastatals believe they are above the law and courts are not to be obeyed?” he asked.

    He said he met with the commission’s head of legal department so as to get his accounts unfrozen, still the orders were allegedly not obeyed as he is still unable to access his accounts. Instead, he said he was threatened and intimidated.

    Justice Mohammed Yunusa, in a judgment on September 23, declared Adelakun’s arrest and detention from July 3 to 8, as illegal and unconstitutional.

    He held that the commission’s freezing of the applicant’s accounts without court order was unlawful, null and void.

    Justice Yunusa ordered the respondents to unfreeze/unblock the accounts forthwith.

    He restrained EFCC from freezing Adelakun’s accounts or doing anything that may deny him “unhindered, unfettered access to the funds” in his accounts.

    The judge also restrained the commission from arresting or detaining the applicant “in connection with mere suspicion and unfounded speculation.”

    The commission was also directed to release his seized property. He and his company, Touch of Fame Energy Limited, had sought the enforcement of their fundamental rights.

    He has, therefore, filed Form 48 (Notice of Consequence of Disobedience of Court Order) against EFCC’s chairman Ibrahim Lamorde.

    The form reads: “Take notice that unless you obey the directions contained in this Court order, you will be guilty of contempt of Court and be liable to be committed to prison.”

    Justice Yunusa had held that EFCC did not obtain a court order before detaining Adelakun, adding that keeping him beyond 24hours violated his rights.

    “The respondent admitted arresting the applicant, but he was not arrested with a warrant of arrest. No arrest warrant was exhibited. For an arrest to be valid there must be a warrant. The respondent (EFCC) acted irrationally.

  • ‘De-registration of political parties a contempt of court’

    ‘De-registration of political parties a contempt of court’

    A cross section of party chieftains affected by the de-registration of 28 political parties by the Independent National Electoral Commission on Friday in Abuja described the exercise as human rights violation.

    Reacting to the development, National Chairman, National Conscience Party (NCP), Dr. Yunisa Tanko, told the News Agency of Nigeria that INEC should be charged for contempt of court.

    He added that the exercise was also an infringement on the fundamental human rights of citizens and against the laws of Nigeria.

    Tanko said that there was an on- going court case in a Lagos High Court between INEC and NCP and many other political parties on the issue.

    He said that INEC was not above the law, adding that the judiciary must be respected to ensure the rule of law.

    “Injury to one is injury to all, Nigerians are now being disenfranchised by INEC, this is unacceptable, the law court will interpret this again,” he said.

    The National Chairman PAC, Mr. Charles Nwodo, said that the INEC action was a “mockery of the nation’s democracy.”

    Nwodo said it was “so unfortunate” that there was no brainstorming session between INCE and the chieftains of the affected political parties before the commission took the decision.