Tag: contempt

  • SUPOL, five others arrested for contempt, wrongful prosecution

    SUPOL, five others arrested for contempt, wrongful prosecution

    The Kaduna State Chief Magistrate Court sitting at Chediya Road, GRA in Sabon Gari Local Government Area of Kaduna State presided over by Chief Magistrate Awwal Musa Aliyu has ordered the arrest of 5 Investigating Police Officers.

    The police officers includes: SP Fatai Adeniyi, DSP Kabiru Salami, Inspector Jami’u Olaigbe, Inspector Amechi Augustine and W/Inspector Enechojo Jeremiah all attached to G.I.D, FCIID Annex Alagbon, Lagos other to be jointly arrested include one Chief Alabi Owoeye of Anti-Corruption Initiative, No 16 Awolowo Road, Ikoyi, Lagos for contempt of Court.

    Records made available from the Court stated that the Bench Warrant was issued under section 7 of Administration of Criminal Justice Law of Kaduna State, 2017.

    The records explained that the warrants of arrest on the said Police Officers was informed by their act of defying the order given by the Court where it ordered for arrest  and arraignment of Chief Alabi Owoeye within 14 days instead of one Ibrahim Usman who was wrongly arrested and  arraigned before the Court.

    The order read in part, “This Honourable Court has also meticulously gone through the case diary in respect of this case and it has been discovered that the Police have arraigned a wrong accused person before this Honourable Court in respect of this case.

    “The person who now stands in the dock, as an accused person was unjustifiably arrested and arraigned before this Honourable Court. As rightly observed by the prosecution, the right person to have been arraigned as an accused person is one Chief Alabi Owoeye of No 16, Awolowo Road, Ikoyi Lagos, a member of an organization known as Anti-Corruption Initiative. He is the one who blew the whistle wrongly by giving false information to the Police to the effect that the nominal complainant in this case has allegedly illegally stockpiled Arms and Ammunition in his residence at G.R.A Sabon-Gari, Zaria, Kaduna State which turned out to be false in it’s entirety, based on the search conducted at the premises of the nominal complainant.

    “When the search was conducted no Arms, Ammunitions or anything incriminating was found. The person who is now in the dock, wrongly arraigned before this Honourable Court as the accused person in this case was just the security guard of the premises of the nominal complainant.

    “Accordingly, this Honourable Court hereby grants the oral application made by the prosecution for the actual person to be arrested and arraigned before this Honourable Court for prosecution and it is therefore, hereby ordered by this Honourable Court that the 5 IPOs in this case namely SP  Fatai Adeniyi, DSP Kabiru Salami, INSP Jamiu Olaigbe, INSP Amechi Augustine and W/INSP  Enechojo Jeremiah are hereby ordered by this Honourable Court to arrest and arraign Chief Alabi Owoeye before this Honourable Court within 14 days and this Court will finally discharge Ibrahim Usman who now stands as accused person in this case.”

    The order explained that in the event that the said 5 IPOs failed to comply with it, on their part (5 IPOs) the Court would initiate contempt proceedings against them.

    According to the order, at the last sitting, the case was adjourned to 3rdOctober this year for further compliance and further directives.

    However, separate investigation revealed that the arrest and arraignment of the said innocent security guard who was discharged by the Court followed a 2 page petition to Inspector General by the nominal complainant through his Lawyer Mr. Nnaemeka Amaechina on what he termed unlawful invasion of his residence allegedly by the Police just to cover up.

    Further investigation revealed it was an alleged action and or attempt to set up and or blackmail Mr Ikechukwu Agbogu, a business mogul in Oil and Gas Industry.

  • When silence means contempt

    When silence means contempt

    The president has always seen silence as a mark of dignity in a time of crisis. When he opens his mouth eventually, he spews out venom that neither gives him nor the office he occupies any form of dignity.

    Tall, gaunt, lean of face with a straight stare and loping strides, his smile comes across more like a lickspittle than a royal. Yet, behind that simpering exterior is a granite heart. However, little cunning or high thinking dresses up his hearty resolves. So, in the final analysis, what we have is not the Buhari of nobility but a pretension to the high moral act. Sometimes that façade confronts us in the form of silence.

    Occasionally he does speak. When he breaks his silence, he ruptures not only peace but logic. As I have noted in the past, Buhari’s soul is a battle between the martial impulses of his breeding and the entitlement of his ambience as a Fulani hierarch. And then there is a third. He has managed, since his ouster from power as head of state, to cultivate the talakawa. So, he sees himself as a sort of royal with a common touch. He is simultaneously on top and at the bottom, a prince and pauper, a head and herdsman, at once erupting from the floor and swooping down from heaven.

    How does such a man operate in a democracy? Well, unless democracy tames him, he will see it as his right to tame democracy. That is the war going on with the man we elected president. His silence on the N9 trillion scandal only portrays his contempt for institutions and persons who want to tame him like colt to the discipline and humility of popular persuasion. If democracy is about the triumph of popular persuasion over collective will, Buhari is bending to the side of the will. As French philosopher Jean Jacque Rousseau has argued, collective will often cloaks despotic arrogance. Robespierre and Danton, even Napoleon, were culprits.

    As a soldier Buhari works with diktat. As a royal, he sees the world from the hill top. As a talakawa patron, he gives them love in his own light. In return, they give him worship. Democracy therefore will work for him the way he operates with the talakawa. He expects us to bow down to him. He is the king of our democracy. He abides the contradiction.  Men like Churchill or General Dwight Eisenhower had high-born sensibilities, but hey were cowed by the institutions of democracy. Buhari acts otherwise. The thing is that Buhari is not high-born, he has acquired the streak by age and his rise in the military and social graces of the land. When you expect to give, it means you define the love in your own image. The targets of your love only do one thing: worship you.

    What we have is the making of the Aristotelian tragic flaw. Like Sophocles’ Oedipus and Shakespeare’s Macbeth, Buhari’s flaw is hubris.  That explains why his speeches and comments in times of crisis tend to be condescending.

    We witnessed it early in his tenure when he would not set up a cabinet. Or when his wife rattled him, or when he reacted to the scandal around his army chief, or when recently he fouled the air when he returned from his medical leave and came down in primitive anger against the Southeast. There are some storms he has never found worthy of his tongue. Chief among them is the poisonous lop-sidedness of his appointments. He is still mum on Babachir Lawal and Ayo Oke, and even the rumbles among his principal officers in the presidency. Some jump out of the shadows. Like his request to a World Bank chief that the institution should focus work on the north.

    This perhaps explains why he has been frozen from the neck up in spite of the uproar over his NNPC appointments. So, following from that, why would we expect him to say something about the new tempest on Nigeria’s oil. All he did was retreat to is familiar terrain on the N9 trillion ambush of our national treasure.

    Now, he may see his silence has golden, as a way of standing above the rolling waters, of asserting his rectitude. But that could be so if he has come out with a line of wisdom through his lieutenants. His lieutenants have actually been quiet, too. It was all left in the hands of the culprit-in-chief to hand over the boil to his appointee, Maikanti Baru.

    If his explanations had found traction in reason, we could have pardoned the president. We could say, well, it was all a case of mistaking a mouse for an elephant. But the big elephant in the room has remained one man: Muhammadu Buhari.

    He acts as though it is mere matter. It will pass over, his image as a man of purity will shield him, so he does not have to be above board.

    After all, some of his followers have been treating him as a god. They swear by him, they risk cholera by drinking water on dirt roads, they worship head on the ground as though on prayer ground. So how can he submit to mere mortals to explain.

    He does not need to explain when Baru says he sought permission from him (Buhari) to make such a consequential decision. He does not need to react when he bypasses the man he appointed to the position as board chairman of the NNPC. He does not see it fit that he set up a board that the NNPC Act invests with powers and a mere mortal he puts there as GMD subverts their authority and boasts about it in Buhari’s name. Does he not know that as president, the only person to whom he can hand over authority is a minister or vice president?

    The constitution says so. Or does he read the constitution? If he cannot delegate to himself since he is oil minister, he automatically hands over to his minister of state. By bypassing that, he has violated due process. And he does not want to talk about it? By the way, is it damning to note that these contracts were purportedly signed when he was on medical leave? He himself had said his men brought him files to sign in London. If he did not sign Baru’s, did he give him a nod. If he did, he violated the oath of office, and is that not enough for him to resign, or for impeachment proceedings to begin?

    Does he not know that matters like this should involve the BPP? Did he not hear the voice of Oby Ezekwesili on that? Did he not hear his GMD draw false equivalences by saying that Kachikwu did the same thing, therefore there was nothing wrong? Is that the way to fight corruption?

    If a man like Baru can play fast and loose with our endowment as a people, where do we place those who are faithful like Dakuku Peterside in NIMASA and Professor Ishaq Oloyede at JAMB. The president was quick to order the probe of the predecessors and rightly so. But he is easy on the humongous erring of his “man” Baru. They say it is not cash contract, and so not contract “as such.” Abi dem think say we be mumu?

    As far as this column is concerned, unless Buhari reviews and annuls the contracts, his war on corruption is melodious lie, an exercise in hypocritical grandstanding. He is therefore hiding in silence. The silence is roaring, and our ears are full with its every decibel.

  • Jailed for contempt

    Jailed for contempt

    •Two electricity firm’s managers bag three months without option of fine

    July 11, 2017 will remain indelible in the lives of the Manager and Marketing Manager of Enugu Electricity Distribution Company (EEDC), Onitsha District. It was the day they were both jailed three months for contempt without an option of fine by an Anambra State High Court sitting in Onitsha. The EEDC had been sued by the Iweka Electronics Amalgamated Traders Association, Onitsha,  for disconnecting their electricity supply after the company had given  them N2m estimated bill, popularly called ‘crazy bill’.

    ‘Crazy bill’ phenomenon is not new to electricity consumers in Nigeria. It had been there right from the days of the National Electric Power Authority (NEPA); it was there in the days of the Power Holding Company of Nigeria (PHCN), both public institutions, with successive governments looking the other way as Nigerians were fleeced by these agencies. Indeed, the rip-off would appear to have an official imprimatur when the Olusegun Obasanjo administration celebrated the then NEPA’s generation of about N6billion monthly revenue in 2003, up from N1.6billion in 2000, at a time when the authority’s performance had reached the nadir. One would have expected the government, as an elected government; to ask the authority’s management the magic wand that made such a feat possible, after all, revenue should be a function of performance.

    This was, largely, what the new owners of the electricity distribution companies inherited and wanted to continue. Unfortunately, the Muhammadu Buhari government insisted that electricity consumers must be provided prepaid meters to let them pay only for energy they consume. However, the electricity firms have largely been reluctant in providing the meters, preferring instead, the old order which leaves so much room for arbitrary billing, an arrangement that is largely tilted against the electricity consumers. Even when electricity is not supplied for weeks consecutively, consumers would still be expected to pay whatever the electricity firms billed them.

    These, apparently, informed the decision of the Iweka Electronics Amalgamated Traders Association, to drag EEDC to court when it slammed them a bill of N2million without basis. The court on May 23 ordered both parties to maintain the status quo in the interim, after the oral submissions of both counsel. However, the EEDC officials disconnected the traders’ lines despite the pendency of the interim order. It is pertinent to mention that this practice is not limited to EEDC; all the electricity distribution companies engage in it. The impunity with which they do it has often led to confrontation with some members of the public or even manhandling of some staff of the electricity firms.

    This is why we commend the traders association for taking the matter to court, instead of embarking on self-help. We commend this to other aggrieved Nigerians in similar situations. Justice Ike Obu who handled the case also deserves commendation for insisting on the sanctity of judicial orders. The point must be made that Nigeria is not banana republic where everybody does as he or she pleases. When courts give orders, they are meant to be obeyed. But what we see often is a situation where all manner of people and institutions treat judicial pronouncements with contempt.

    We guess Justice Obu’s conviction of the officials was informed by this serial impunity against judicial orders. “You are hereby committed to prison for three months until you purge yourselves of the contempt,” he said, after noting that the EEDC officials ought to have obeyed the court order, pending the hearing of the motion on notice. Such crass impunity should not be tolerated. No doubt, the court’s decision would be bad news for the electricity firms and their workers, but it would resonate well with many Nigerians, particularly those suffering in silence after being harassed to pay for electricity they did not consume.

  • Contempt: Judge orders Ekiti Speaker to appear in court Dec 7

    Contempt: Judge orders Ekiti Speaker to appear in court Dec 7

    …Court receives letter from Ozekhome

     

    A Federal High Court sitting in Ado Ekiti has insisted that the Speaker of Ekiti State House of Assembly, Kola Oluwawole, must appear before it on December 7 for his refusal to obey the order to swear in legislator-elect Toyin Obayemi.

    At the resumed sitting of the court on Tuesday, Justice Taiwo Taiwo ruled that the Speaker must comply with his order to inaugurate Obayemi as member representing Ado Ekiti Constituency 1 which was delivered on July 4.

    Obayemi is pressing a contempt charge against Oluwawole for disobeying the court order that he (Obayemi) be sworn in immediately as the legislator to replace Musa Arogundade who was removed by the Court and ordered to refund all salaries and allowances collected since June 5 when the Fifth Assembly was inaugurated.

    The court nullified Arogundade’s election and ordered the Independent National Electoral Commission (INEC) to issue Obayemi a Certificate of Return holding that the latter was not validly nominated by the People’s Democratic Party (PDP) for the April 11, 2015 House of Assembly election.

    The court also held that Arogundade was never qualified to stand as a candidate at the poll on grounds that he fraudulently obtained an Abuja Federal High Court order to validate his candidacy.

    The judge said that court record showed the Speaker has been served Form 49, a notice of why he (Oluwawole) should not be committed to prison for disobeying the order of the court.

    Obayemi’s counsel, Olayinka Sokoya, had earlier told the court that he received a letter from the law chambers of a Senior Advocate, Mike Ozekhome, dated November 18, a day after the last day of sitting.

    Sokoya explained that Ozekhome who is seeking to take over the defence of Oluwawole is praying the court for an adjournment of the case.

    But Justice Taiwo maintained that the proper thing must be done and the court order complied with by the Speaker who he said must consult with his lawyer on the implication of disobeying court order.

    He subsequently adjourned the case till December 7 for further hearing.

    After adjourning, Justice Taiwo said: “The Speaker must obey the order of this court, the proper things should be done. For the avoidance of doubt, the Speaker should consult with his counsel against the next adjourned date most especially as court record shows that he has been served.

    “I will never be intimidated by anybody, somebody was here before. Even if I die the Bench lives on.”

  • Contempt: Court orders Ekiti Speaker to appear November 24

    …Insists Lawmaker-Elect must be sworn in

    A Federal High Court sitting in Ado Ekiti has ordered the House of Assembly Speaker Kola Oluwawole to appear before it unfailingly on November 24 to explain why he failed to obey its order to swear in Toyin Obayemi as the lawmaker for Ado Constituency 1.

    Justice Taiwo Taiwo who gave the order on Thursday showed his displeasure at the absence of the Speaker insisting that he (Oluwawole) as the head of the institution that makes law in the state must show example by obeying the law.

    The judge’s order was Oluwawole’s last chance to clear himself of the alleged contempt or risks committal to prison.

    The drama played out in hearing of the contempt charge filed by Obayemi against the Speaker for his refusal to inaugurate the latter as the legislator to represent Ado Constituency 1 in line with the judgment of the court delivered on July 4.

    Expressing dismay with the Speaker’s action, Justice Taiwo said: “All I want is that the order of this court must be obeyed by the Speaker. Tell him that he must appear before me next week and applicant’s counsel must serve everything that must be served today.

    “He is the Speaker who should be warned to obey the order of the court and since the 1st Respondent has been served with the Certificate of Return, he must obey the order to swear in the Applicant.

    “Majority of our lawmakers are not lawyers but the lawyers among them have turned themselves to politicians. The Speaker must appear at the next date of adjournment; people responsible for churning out laws must be above board.”

    Director of Civil Litigation in the Ministry of Justice, Sunday Bamise, who appeared for the Speaker hinged his absence on what he called “a pressing state matter” saying it was not in the character of his client to disregard the court.

    Bamise told the court that the Speaker had received Form 48 which is a notice to appear before the court and had not been served Form 49 which is a notice of why the order of committal to prison for failure to obey judgment will not be made against him (Oluwawole).

    Counsel to the Applicant (Obayemi), Olayinka Sokoya, said the non-service of form 49 does not preclude Oluwawole from appearing before the court but Justice Taiwo insisted that the due process must be followed.

    Bamise’s explanation that the matter was on appeal did not convince the judge who replied that there was no stay of the judgment which makes it to subsist.

    Justice Taiwo subsequently adjourn the case to November 24 after the two lawyers had agreed on the date for Speaker Oluwawole to appear and offer explanation on why he had refused to obey the order of the court.

  • Tax officer remanded for contempt

    AN Igbosere Magistrates’ yesterday ordered that a Lagos State tax official, Mr. Taiwo Ajulo, be remanded in prison for contempt in facie curiae (in the court’s face).

    Magistrate A. T. Omoyele made the order after warning Ajulo severally of the consequences of talking back to the court.

    Ajulo was invited by the court to react to a complaint that the tax office in Alausa, Ikeja, may have demanded an unfair sum from two sureties before issuing them tax clearance certificates.

    The men had applied to stand as sureties for a businessman, Tunde Kareem, who was granted N1 million bail after pleading not guilty to the alleged theft of 61 pieces of air conditioners worth N15 million. They told the court that they paid N7,500 tax, which they claimed the tax office considered inadequate.

    The sureties, one of whom identified himself as Mr. Anabuike Emeka, alleged in court yesterday that Ajulo had a go-between who obtained N120,000 cash from them out of the N200,000 the tax officer allegedly demanded.

    The other surety, who refused to give this reporter his name, told the court that the tax officer and his female go-between asked for N100,000 per surety, but he and his co-surety bargained for N30,000 each.

    “They told us it’s N100,000 each but we bargained for N60,000. Later they said it was N120,000 and we paid. We paid it to the woman,” he said.

    The sureties claimed that they paid the money in cash but the tax officer demanded that the N200,000 must be paid before being issued tax clearance.

    Ajulo denied collecting money from the sureties.

    “We gave them an assessment based on Lagos State chart. I don’t know anything about any money they paid,” he added.

    The sureties insisted that they paid N120,000 and one of them showed the court, from his phone, his call log with Ajulo, to establish their conversations on the matter.

    The magistrate wondered why tax should be paid in cash instead of through a bank. She condemned the practice, noting that it is improper for a tax officer to demand money from sureties.

    “These people have paid tax of N7,500; how much more tax do you want them to pay? Tax is based on income not bail sum,” the magistrate added.

    Ajulo denied the allegation against him and kept replying the court despite being warned severally not to.

    “Don’t talk back to the court, that is contempt of court and you will be arrested,” the magistrate warned him sternly.

    Despite being advised by prosecuting Corporal Cyriacus Osuji to obey the order, Ajulo continued to protest his innocence.

    Infuriated, Magistrate Omoyele ordered Corporal Osuji to arrest Ajulo for contempt. She signed a remand warrant and Ajulo was arrested and taken away.

  • NLC files contempt proceeding against DISCOS

    The Nigeria Labour Congress (NLC) has filed contempt proceedings  against electricity distribution companies (DISCOS) for alleged flouting a court order on hike in tariff.

    Justice Mohammed Idris Federal High Court had restrained DISCOS from increasing electricity from February 1.

    Speaking with The Nation, NLC President Comrade Ayuba Wabba said the issue was already in court. “As I am talking to you now, a process of committing all of them that have violated that order on contempt charges is on the way. Already, they have been served and the case is coming up very soon,” he said.

    Wabba said the increased tariff has adversely affected the economy and the welfare of every Nigerian, adding that many people would not be able to pay the new tariff. He said no strategic stakeholder, including the NLC, was consulted by the DISCOs before the tariff increase.

    ‘’They (DISCOs) claimed they consulted people, but who?” he asked, wondering who they consulted when the Manufacturers Association of Nigeria (MAN) and organised labour that actually represent many Nigerians were all crying foul.

    He said it was obvious the DISCOs only consulted their friends and brothers before coming up with the idea of increasing electricity tariff. He added that what is even more worrisome is the fact that meters are not available.

    “This is the background that made us provide a national platform where all people would be allowed to air their grievances. And that we did and we made our point very clear. It is an ongoing process and we are giving it a firm commitment,” Wabba said.

    He said he spoke with the Chairman Senate Committee on Labour a few days ago, and the Chairman requested the NLC to submit its memorandum.

    The NLC chief said based on this, there would be a joint public hearing by the two chambers of the National Assembly where labour would once again raise the issue

    Wabba said labour would consult and come up with its own engagement strategy.

    According to him, this is necessary to avoid the exploitation of consumers by DISCOs because of the absence of meters.

    The labour unionist said one of the issues labour was canvassing was that people should not pay bills if they don’t have meters because it is the responsibility of DISCOs to provide meters to Nigerians.

    Wabba argued that the issue of non-metering and estimated  billing are exploitations, adding that such issues are typical of a business that is monopolised.

    He said after the so-called privatisation, what was done was to transfer the nations’ common wealth to the hands of a few, adding that a business that is monopolised is only driven by profit.

    “That is why they say they are looking at profit margin; that the profit margin is not there,” Wabba said.

  • Police chief risks contempt over invasion of property

    A traditional ruler and businessman, Chief Moroof Owoola has accused the police of unlawful invasion of his property at Oke Ira Nla area of Eti Osa Local Government Area of Lagos State.

    The police action,he claimed, violated  a perpetual order issued by a Lagos High Court, Ikeja,restraining the police from invading the property.

    He said that  police operatives led by  Superintendent of Police, Stephen Ogbaje, stormed the  property at about 4 pm on Tuesday August 18, 2015; “harassed my workers and destroyed building materials at the site. They also arrested my brother, Idowu Jimoh, and seized some handsets and communication gadgets belonging to those working at the site despite a subsisting perpetual injunction against the Inspector General of Police and his men.”

    He said the court order given by Justice Lateefat Okunnu on May 25, 2015, was served on the office of the IGP and Federal Special Anti Robbery Squad (FEDSARS) Abuja as well as Lagos police commissioner, Area Commander of Area J, Ajah; Divisional Police Officer (DPO) of Langbasa Police Division; General Officer Commanding (GOC) 81 Division of Nigeria Army, Lagos and Assistant Inspector General of Police (AIG) in charge of Zone 2, Lagos.

    “ I was therefore shocked that the police ignored the ruling and perpetrate illegality by invading my property. The actions of the IGP and his men are contemptuous in this regard and I won’t take it easy on this matter,” he said.

    Justice Okunnu had  berated the police for dabbling into a purely civil matter.

    The Force Public Relations Officer, Mr Emmanuel Ojukwu, failed  to respond to enquiries by our correspondent at press time.

  • Ekiti PDP crisis: Faction threatens Fayose-backed men over ‘contempt’

    Ekiti PDP crisis: Faction threatens Fayose-backed men over ‘contempt’

    •Expulsion in order, says governor’s faction 

    The estranged State Working Committee (SWC) members of the Ekiti State Peoples Democratic Party (PDP) have accused the faction loyal to Governor Ayo Fayose of contempt of court.

    They threatened to jail the chairman of the faction backed by Fayose, Idowu Faleye, for allegedly spearheading the purported expulsion of four of them.

    The embattled SWC added that the action eroded the integrity of the court of law, where its members filed a suit against any punitive measure against them.

    The Chairman of the 11 SWC members, Tunde Olatunde, whose expulsion was announced by Faleye and three other state exco members, maintained that they would explore available legal and constitutional means to seek redress and ensure that those holding court in contempt were committed to prison.

    Others, who were expelled by the Faleye-led faction, were PDP State Secretary, Tope Aluko; Women Leader Mrs. Busola Oyebode and Auditor Tunji Olanrewaju. They were expelled for alleged anti-party activities.

    Olatunde, who spoke with reporters at the wedding of Aluko’s daughter at the weekend in Ado-Ekiti, said the faction loyal to Fayose knew that a suit had been filed at the Ekiti State High Court challenging their suspension and seeking leave of the court to restrain the party from taking further action against them.

    He said for Faleye and other loyalists of Fayose to go ahead and expel them in view of the pending court process, was tantamount to contempt of court, abuse of the rule of law and an attempt to foist a fait accompli on the court.

    Olatunde said: “Shortly after we were suspended, we went to court to challenge our suspension and also asked the court to restrain the party from taking further decision pending the time the reconciliation committee to be constituted by the NWC arrives in Ekiti.

    “What really marvelled us was that the Faleye and his ilk were duly served with all the court processes. But we decided to stay action in the pursuit of the case because of the respect we have for the NWC, which had indicated interest to resolve the matter.

    “But out of desperation, they went and trampled on the integrity of the court. We would have expected that status quo be maintained while awaiting what the court and NWC would say on the matter.

    “We are assuring that we will use every legal means to ensure that Faleye and his collaborators are jailed for contempt. Though we are not ruling out the reconciliation being proposed by NWC, we are ready to embrace it. But if they failed, then we will resort to legal means.”

    But the spokesman of the Faleye-led faction, Jackson Adebayo, insisted that the expulsion was in order.

    He added that the quartet had been expelled before they went to court to seek protection against disciplinary action.

    Adebayo said: “There was no contempt of court in anything that the party’s state executive committee did because the expulsion was done before the aggrieved went to court.

    “I don’t think they understand the meaning of contempt of court. If they understand it, they will not be going to court for injunction after an action had been taken.”

  • Alleged contempt: MultiChoice queries court’s  jurisdiction to issue committal

    Alleged contempt: MultiChoice queries court’s jurisdiction to issue committal

    MULTICHOICE has questioned the jurisdiction of a Federal High Court in Lagos to issue a contempt order against it for increasing DSTV subscription.

    Justice C.J. Aneke had on April 2, issued an interim order restraining MultiChoice from implementing the 20 per cent increment in subscription rate on DStv pending the determination of a suit filed by two lawyers, Osasuyi Adebayo and Oluyinka Oyeniji, for themselves and other DStv subscribers.

    But, MultiChoice proceeded with its planned increment, prompting the plaintiffs to file a contempt charge against the firm’s Managing Director, John Ugbe, and spokesman Caroline Oghuma.

    At the resumed hearing yesterday, lawyer to the firm Moyosore Onigbanjo (SAN) said MultiChoice was already challenging the court’s jurisdiction to entertain the suit or give the interim order.

    He was responding to the call by the counsel to the plaintiffs, Yemi Salma, that the court should hear the application for committal pending before it.

    Although the matter was adjourned for the hearing of MultiChoice’s application objecting to the suit, Salma prayed the court to take the contempt charge first before any other application on the matter.

    “My lord, the application for contempt must be taken first. This position has been severally adopted by the court, even by the Court of Appeal,” said Salma.

    Responding, Onigbanjo said the jurisdiction of the court had been challenged and that has to be settled first before the court can even make any order.

    He reminded the court that the case was adjourned specifically to hear the defendant’s application, adding that the court lacks power to overrule itself.

    “My lord, a court without jurisdiction that goes on to act, does whatever it does in futility. If a court does not have jurisdiction, where does the power for committal come from?”queried Onigbanjo.

    After listening to the parties, Justice Aneke agreed with Onigbanjo and heard MultiChoice’s objection to the suit.

    Canvassing for the disregard of the suit, Onigbanjo said the plaintiffs had no cause of action.

    He argued that the court cannot regulate prices of goods and services a firm offers its customers in a free market economy as operated in Nigeria.

    He described the suit as being grossly unmeritorious, adding that the National Broadcasting Commission (NBC) has no power to regulate the prices of services of satellite television operators.

    According to him, Clauses 40 and 41 of the firm’s terms of agreement provides that MultiChoice Nigeria may from time to time, change the fees payable for its services by way of general amendment.

    “My lord, Nigeria operates a free market economy; neither the government nor the court can regulate prices. How do you now say, for instance, that one bread is more expensive than the other and then ask the court to order the baker of the more expensive bread to go out of the market?”

    “The NBC Act does not say that any satellite television operator in the country cannot increase their prices.

    “I, therefore, humbly ask that the plaintiffs’ suit be struck out for being grossly unmeritorious. We will not be asking for cost because they are our subscribers,” Onigbanjo said.

    The plaintiffs approached the court to seek an order restraining MultiChoice from implementing the 20 per cent increment on DStv subscription rate, which began on April 1.

    They prayed for an order compelling the NBC to regulate the activities of MultiChoice so as to prevent “arbitrary increment in subscription rates”.

    The lawyers requested that the company be made to implement the pay-per-view scheme operational in other parts of the world in Nigeria, rather than the current practice where subscribers are made to pay for stations they don’t view.

    The matter has been adjourned to May 21, 2015, for ruling on the preliminary objection of MultiChoice.