A Federal High Court in Abuja, Nigeria has directed the initiation of contempt proceedings against the country’s Minister of Transportation, Rotimi Amaechi following complaints that he flouted an earlier order made by the court.
Justice Donatus Okorowo gave the directive after being informed that Amaechi allegedly violated an order for the maintenance of status quo issued on January 22, 2022 in a suit filed by a Civil Group, the Incorporated Trustees of Citizens Advocacy for Social and Economic Rights (CASER), challenging Amaechi’s handling of the process of appointing operators of the International Cargo Tracking Note (ICTN) in Nigeria.
In the suit, CASER alleged among others, that, Amaechi had manipulated the appointment process to the benefit of two local and inexperienced firms – Medtech Scientific Ltd and Rozi International Nigeria Ltd.
Listed with Amaechi as defendants in the suit are the Bureau of Public Procurement (BPP), the Attorney General of the Federation (AGF), Medtech Ltd and Rozi Ltd.
At the resumed hearing of the suit, the plaintiff’s lawyer, Abdulhakeem Mustapha (SAN), told the court that Amaechi defied the order for the maintenance of status quo and continued with the appointment process and currently on the verge of completing the process of appointment.
Mustapha added: “He (Amaechi) has taken fundamental steps on the subject matter of this suit, and we have documents to be placed before the court to establish that he has ignored the order of the court completely.
“In order to protect the sanctity of this honourable court, we have issued an order against the Minister of Transportation With the commencement of this committal process, which takes precedence over any other matter, we urge this court to suspend further proceedings in the substantive suit.”
Mustapha said having issued the order on the Minister, he was in the process of filing a motion on notice to commit the minister to prison.
In response, Amaechi’s counsel, Omosanya Popoola admitted receiving a letter notifying him of the issuance of the order on his client.
Popoola said his client is a law abiding citizen and he was yet to be personally served with the order.
Counsel to BPP, Akin Olujinmi said his client has also not been served with the order personally as required by law.
Olujinmi argued that there was no motion for committal before the court, adding that the plaintiff’s lawyer has to file affidavit to establish his allegations that the defendants, including Amaechi had violated the court’s order.
Counsel to Nigeria’s Attorney General AGF, Mohammed Sheriff aligned himself with the submissions by lawyers to Amaechi and BPP that proceedings in the main suit should not be halted.
Justice Okorowo agreed to suspend proceedings in the main suit, noting that: “Once the issue of contempt is raised, the court must suspend proceedings.
“The court will not close its eyes when being told that its orders are being flouted. We have to suspend proceedings for the court to ascertain the veracity of the allegations.”
The judge then directed plaintiff’s lawyer to proceed to file a motion on notice with an affidavit to establish the facts of the alleged violation of court’s orders, which must be filed and served before the next adjourned date.
The court has scheduled a ruling for May 9 on the application filed by a firm, Antaser Nigeria Limited to be made a party in the suit.
Antaser’s counsel, James Ogwu Onoja told the court that his client was a necessary party in the case because it sought to participate in the bidding process but was unlawfully excluded.
PIAK
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