The Nation Newspaper

Tag: contempt

  • Pensioners withdraw contempt charge against CBN directors

    Pensioners withdraw contempt charge against CBN directors

    Central Bank of Nigeria (CBN) pensioners yesterday withdrew the contempt proceedings initiated at the Federal High Court in Lagos against three CBN directors.

    Justice Saliu Saidu struck out the charge following an application by the pensioners’ lawyer, Mr Tani Molajo (SAN).

    The plaintiffs –James Jemilo, Mr Thompson Edun, Mr Jacob Amao, and Mr Joachim Ajala – who sued on behalf of all CBN pensioners, had sought to commit the directors to prison for allegedly disobeying a judgment.

    In their suit filed on May 6, 1999, they are praying the court to compel CBN to comply with Federal Government’s directive on pension harmonisation.

    They had listed CBN, its Deputy Governor, Corporate Services, Alhaji Suleiman Barau; Director Human Resources Ms Chizoba Mojekwu, and Director of Legal Services, Mr Simon Onekutu as  the contemnors.

    Molajo said he was instructed by his clients to withdraw the contempt charge following a move to settle out of court.

    The lawyer said he had filed a motion on notice dated October 28 seeking leave to withdraw the suit, adding that he had served the directors’ lawyer Chief Tunde Olojo with a copy.

    Olojo confirmed to the court that he was served with the processes at about 3.34pm on Tuesday.

    According to him, CBN invited the plaintiffs for a meeting to dialogue on how to resolve the dispute, adding that he had no objection to the motion.

    The plaintiffs claim that the harmonisation policy was introduced in the public service with effect from January 1, 1997.

    “The policy was designed to eliminate the disparities in the pensions of workers who retired on the same grade, with those who served the same number of years but retired at different times,” they said.

    Following CBN’s alleged failure to comply with the directive, they filed the suit numbered FHC/L/CS524/99, seeking an order compelling the defendants to comply.

    The CBN had however, in its defence, said that it could only pay the harmonised pension subject to “affordability and sustainability” of pension funds.

    In a judgment delivered on May 22, 2000, the court, presided by Justice Wilson Egbo-Egbo, (now retired), granted the pensioners’ reliefs and directed CBN to pay the applicants all accrued pensions with effect from January 1 1997, on emoluments currently earned by their serving counterparts.

    Dissatisfied, CBN had appealed to the Court of Appeal, and later the Supreme Court. Both appellate courts, on December 5, 2006 and May 21, 2010 affirmed the lower court’s decision.

    According to the plaintiffs, after the Supreme Court’s judgment, CBN slightly enhanced the pension arrears of about 1,604 pensioners who retired before June 1, 2000, out of 5,000 eligible pensioners but failed to comply with the court’s judgment, despite being written several letters by their lawyer.

    It was against the backdrop that the plaintiffs initiated the contempt proceedings last November.

  • Court cites council officials for contempt

    Justice Adeniyi  Adebajo of a Lagos High Court has convicted the Ojo Local Government, its chairman and eight others for contempt.

    The council chiefs and other defendants  were charged for contempt  in a suit filed by a Lagos-based businessman, Chief Chika Elile and his company, Chika and Sons Limited.

    The council, its officers and some defendants were charged with  disobeying  an order made on April 15, 2008 over a land at Alaba International Market, Ojo Area of Lagos State.

    Ruling, Justice Adebajo also imposed N7.5 million fine on the council while its four other top officers are to pay N1million each.

    Others  convicted of the charge  were also fined N100,000 each.

    According to the judge, all the defendants must pay  the fines within 30 days of the judgment.

    Earlier, Justice Adebajo, in a suit filed by the businessman, restrained both the state government, the local government, its officers and other defendants in the suit from seeking or making acquisition of the said property in dispute for any purpose whatsoever as it runs contrary to the principle of the plaintiffs’ pendens.

    He restrained the local government from introducing any innovation or interfering with the land the subject matter of various disputes.

    The judge also suspended the Certificate of Occupancy granted to the council during the suits and declared it as of no effect until the final determination of all the  suits.

    The court heard that notwithstanding the service of Forms 48 and 49, the council through its chairman has not budged from its acts of illegality by continuing in triple fold, to disobey the order/judgment of the court up to date.

    The court also noted that  other defendants had placed hoodlums and members of the Oodua Peoples Congress (OPC)  with dangerous weapons on the land.

  • Bank accused of contempt

    A firm General Telecom Plc has accused a first generation bank of alleged contempt of court.

    It initiated a contempt charge against the bank and the assignee to its mortgaged property at the Lagos State High Court, Ikeja.

    In the Form 48 (Notice of Consequence of Disobedience of Order of Court) filed before Justice Bola Okikiolu-Ighile, the plaintiff said the bank disobeyed a bench ruling delivered on April 30.

    The court had ordered all parties to maintain status quo over the purported sale of a property at 4, Marconi Road, Palmgrove Estate, Lagos. The firm said despite the order, the bank forcefully attempted to take possession of the property.

    The claimant said the bank and the assignee are still occupying the premises even after being served with the Form 48.

    The applicant added that the continuous act of aiding the bank and its assignee by the Deputy Commissioner of Police (DCP) Zonal CID to flout the order was a disregard of the authority of the court.

  • Court hears contempt suit against Jonathan, others Monday

    A Federal High Court in Abuja will on Monday hear an application seeking to join President Goodluck Jonathan, nine key members of the Peoples Democratic Party (PDP) and the party in a contempt suit.

    The information is contained in the hearing notices served on them last week by the court’s officials.

    President Jonathan and the others are accused of contempt in an application filed by a firm, Bedding Holdings Limited (BHL).

    The company accused the PDP chieftains of alleged unlawful use of patented ballot boxes for the party’s last special convention, without the consent of BHL, the patent owner.

    The application, which was first filed on September 9, was re-filed last week to include other major actors in the PDP’s special convention in Abuja, on August 31.

    The application seeks an order joining President Jonathan and 10 others in “the contempt proceedings already commenced by plaintiff/applicant”.

    Those sought to be joined include: Vice President Namadi Sambo, Senate President David Mark, House of Representatives Speaker Aminu Tambuwal, the PDP and its Chairman, Bamanga Tukur.

    Others are: the Chairman, PDP’s Board of Trustees, Anthony Anenih; Delta State Governor Emmanuel Uduaghan, who was Chairman, PDP Essential Electoral Materials Committee and the Chairman, Police Service Commission, Mike Okiro, who served as the Chairman, PDP Special National Convention Sub-Committee on Security, and the party.

    Also named in the matter are: Prof Jerry Gana, who was the Chairman, PDP’s Special Convention Committee and Ken Nnamani, who was the Chairman, PDP’s Electoral Committee.

    The BHL’s application was filed by its lawyer, John Okoriko of the firm of Karina Tunyan (SAN) and Co., following an earlier issuance of a Form 48 on the alleged contemnors.

    BHL said it filed the application because the 11 alleged contemnors were “necessary and desirable parties” to the contempt proceedings.

    The company said its grounds for the application include the fact that Dr Jonathan and others “are serial contemnors, who contemptuously connived with the sixth and seventh defendants/respondents – the Independent National Electoral Commission (INEC) and its Chairman, Prof Attahiru Jega” – to use the applicant’s transparent ballot boxes for the PDP’s convention in violation of a subsisting judgment of the court delivered on June 5, last year, by Justice Adamu Bello.

    It argued that except Jonathan and others were joined in the matter, because of “the pivotal role” they played in the disobedience of a valid and subsisting court judgement, the contempt proceeding would not be “effectively and effectually determined”.

    In a supporting affidavit, BHL’s Group Executive Chairman, Sylvester Odigie, said his company initiated the proceedings against INEC and Jega on July 18, last year, through a motion on notice, seeking an order committing the two to prison for their alleged contemptuous use of the ballot boxes for all the elections they have conducted since the June 5, 2012 judgment

  • Nasarawa killings: Panel accuses Ombatse lawyers of contempt

    •NBA chief apologises to panel
    •We didn’t envisage this charade, says lawyer

    The Chairman of the Judicial Commission of Enquiry into the killing of security personnel in Nasarawa State, Justice Joseph Fola Gbadeyan (rtd), yesterday said the withdrawal of some lawyers from the proceedings of the panel is “contemptuous”.

    Seven lawyers, representing various Eggon communities, last week, announced their boycott of the commission’s sittings.

    The lawyers accused the commission of bias and alleged irregularities in the conduct of proceedings.

    But the Nasarawa State Government, through its Attorney-General and Commissioner for Justice, Mr Lagi Innocent, said the boycott would not affect the work of the commission.

    Some of the lawyers, who announced their withdrawal from the panel, include Chief Ayas Bako Aya, appearing with Aliyu Anzewu and representing the District Head of Bassa; Chief Joshua Daudu and Mr Ovye John, representing Eggon Communities in Barkin Abdullahi (BAD) and Randa.

    Others are: Mr Anthony Jatau, representing the Ward Head of Eggon in Arutu village of Doma Local Government Area; Mr Ayuwulu Baba Ayuwulu, representing Eggon community, Kadarkoc in Keana Keana Local Government Area; Mr Gambo P. Assiku, representing Eggon Cultural Development Association (ECDA) in Bassa Zarengi; and Mr Harry Dan Anyuanbaga, representing Mada community of Bassa in Kokona Local Government Area.

    Governor Tanko al-Makura constituted the panel, following the killing of over 50 policemen and operatives of the State Security Service (SSS) allegedly in an ambush by members of the Ombatse Militia Group (OMG) in Lakyo village, on May 7.

    The counsel, who filed formal applications to withdraw their memoranda, last Friday, failed to show up before the panel yesterday to defend their actions.

    Justice Gbadeyan struck out the applications following the absence of the lawyers at the panel when the cases were called.

    He said the memoranda would be heard at the appropriate time, even though the authors and their counsel have abandoned them.

    The panel chairman said the lawyers “did not follow due process” in withdrawing their appearance.

    Justice Gbadeyan said: “When we are faced with serious business that has affected the lives of so many humans beings, they (lawyers) are only interested in stalling the entire proceedings.”

    The commission’s chairman told the Chairman of the Lafia Branch of the Nigerian Bar Association (NBA), Mr Eric Irehovbude, that he was disappointed with the conduct of the counsel.

    Irehovbude apologised to the commission on the conduct of his colleagues.

    He said: “I have received complaints from some of our colleagues that some of our members appearing before this commission have been a bit unruly. I want to, on behalf of the Bar, apologise for any such misconduct to this commission. I’m happy that, as I was informed, some senior colleagues have apologised to the commission. But I felt a sense of responsibility to come personally and apologise to your Lordship.

    “I will like to add that if the misconduct is such that it can be referred to the Disciplinary Committee of the Bar, we will support it, as we won’t tolerate anything that will bring the profession to disrepute.”

    The Legal Adviser to Ombatse Group, Mr Zachary Zamani Alumaga, told The Nation that the lawyers representing Ombatse withdrew because they lost confidence in the commission.

    He alleged that the commission was constituted to persecute the Ombatse group.

    Alumaga said: “We said it from day one that the commission, if anything, is not properly constituted to do the job of an enquiry stipulated by law. The commission is not a court; it has no right to administer penal sanctions.

    “It is only a fact-finding mission, so that its recommendations could be made to the appropriate quarters upon which they may decide. This appropriate quarter is the government.

    “But because this commission has come up with a focused mind to prepare a First Information Report (FIR) and send us to jail, it is overzealous. I raised the issue of its lack of jurisdiction to that effect.

    “Now that we have understood its antics, we decided to pull out. If they are still so desirous of convicting us because they have gone beyond intimidation now, then they should go ahead and convict the lawyers for their so-called contempt.

    “It is unheard of that somebody makes himself available to the court and then says he is withdrawing in writing. Yet, you say the person must come before you. What do you want to do with him?

    “Let me repeat this once again: we are not afraid of justice. If we are found wanting, we will be grateful for all the consequence that will follow. This charade is not what we envisaged, as the justice of this case.

    “Security operatives have died and the world wants to know what happened. But all these booby traps set for us by the government and the commission will not allow for justice at the end of the tunnel.”

     

     

  • Alleged contempt: Sanusi, others get June 26 date

    Alleged contempt: Sanusi, others get June 26 date

    A Federal High Court in Abuja has fixed June 26 for

    hearing on an application praying it to open trial in the alleged contempt case against Central Bank Governor, Lamido Sanusi, Managing Director, Nigeria Deposit Insurance Corporation (NDIC) Umar Ibrahim and 13 others.

    Justice A. Abdul-Kafarati chose the date last Thursday after entertaining arguments from parties on the priority of application to be taken.

    Plaintiffs’lawyer, John Okoriko, urged the court to first consider his clients’application, which seeks an order setting dawn the motion for committal for hearing despite the filing of applications for stay of proceedings by the defendants.

    He argued that it was the practice that a court must first preserve its integrity and dignity by dealing with issues relating to the disobedience of its order, before taking any further steps.

    He relied on the Supreme Court decision in the case of Ebhodaghe and Okoye, reported in (2004) 18 NWLR (Pt 905) page 472 SC at pages 494-495.

    In the alternative, he argued that the court could still proceed with the contempt proceedings even when a stay of proceedings is granted in the substantive case, on the ground that the contempt case was independent of the civil case.

    Okoriko also urged the court to hear and grant the plaintiffs’ pending applications seeking the appointment of its Registrar to assume custody of the assets of the first defendant (in the civil suit) with the other defendants.

    On this point, he relied on the Court of Appeal decision in the case of Okafor and Okafor, reported in (2000) 11 NWLR (Pt 677) page 21, particularly at page 32.

    Defence lawyers led by S. S. Ameh (SAN) argued otherwise, insisting that the court must first deal with their applications seeking to stay proceedings and also challenging the court’s jurisdiction to here the case.

    He argued that where many applications are contesting the attention of the court, it must give priority to that challenging its jurisdiction.

    Justice Abdul-Kafarati elected to hear the applications seeking stay of proceedings along with that praying that the contempt proceedings be conducted.

    The contempt charge against Sanusi and others, was initiated by plaintiffs in a N7.013billion suit against Fortune Bank and five others, for allegedly dissipating the bank’s assets despite an order restraing the defendants and their agents from tampering with Fortune Bank’s assets in their custody pending the determination of the main suit.

    Named with Sanusi, Ibrahim and their organisations, in the contempt charge are the Managing Director, First City Monument Bank (FCMB) Ladi Balogun and his bank; his counterpart in Fidelity Bank and Union Bank – Reginald Ihiejiehi, Emeka Enuwa and their banks.

    Others include two agents appointed by the CBN to manage Fortune Bank’s assets – Tobe Iwobi and Abdulwahab Abdulrahman; a lawyer in the firm of Simmons Cooper Partners, Dapo Akinosun, Udochi Iheanacho and Fortune Bank.

    The plaintiffs in the substantive suit are Bedding Holdings Limited, Postal Innovations and Systems Limited and Chief Sylvester Odigie.

    The defendants include Fortune, NDIC, CBN, Attorney-General of the Federation, Fidelity Bank and FCMB.

    The plaintiffs had instituted the suit marked: FHC/ABJ/CS/844/2011 claiming N7,012,944,550 as special and general damages against the defendants arising from the plaintiffs investment in the first defendant (Fortune Bank) from 2005 since CBN and NDIC took it over for allegedly being in liquidation.

    Subsequently, the court gave a mareva order made ex-parte on November 25, 2011 and another interlocutory order made on February 21, 2013 restraining all the defendants from tampering ar taking steps to dissipate Fortune Bank’s assets in their custody pending the determination of the substantive suit..

    The plaintiffs averred, in an affidavit supporting their motion for committal, that despite the subsistence of the mareva injunctions, the defendants have taken steps to deplete Fortune Bank’s assets.

    They cited purported moves to sell Fortune bank’s main property in Lagos – Fortune Towers – to Union Bank and alleged depletion of the bank’s funds in an account with FCMB by the defendants despite the subsistence of the order restraining them from tampering with Fortune Bank’s properties and funds until the determination of the substantive case.

    The plaintiffs were customers to Fortune Bank until the CBN’s banks’ consolidation policy.

    They stated, in a supporting affidavit, that they had a fixed deposit account with a balance of over 230million around 2005, but that the bank allegedly frustrated their efforts to access the funds for several business transactions, in the cause of which they suffered huge loses, business interests and incurred debts running into billions of naira.

    In their response to the suit, the defendants filed notices of objection, challenging its competence and the court’s jurisdiction.

    The court has since dismissed the objections and assumed jurisdiction, a decision the defendants have appealed.

    They have now filed applications for stay of proceedings pending the determination of their appeal.