Monday, January 30, 2012

Contempt of Court: Federal High Court Remands Edo State Attorney General in Prison

THE Federal High Court I sitting in Benin City, Edo State yesterday ordered remand of the Attorney General and Commissioner of Justice, Osagie Obayuwana over non- compliance of the state government with an interlocutory injunction.
It was learnt that the court gave the injunction in a suit involving it and a private investor, Churchgate Industries Limited over the state-owned firm, Bendel Breweries.
Justice Adamu Hobon in its ruling ordered that Obayuwana be remanded in prison until the state government was able to provide an affidavit of compliance with an order the court had earlier issued directing it to comply with the interlocutory injunction sought and got by Churchgate. The judge later adjourned the substantive suit till March 20.
It would be recalled that the court had last week issued a warrant for arrest of the attorney-general. Several other lawyers in the court yesterday tried to intervene on behalf of the AG who claimed he did not receive any copy of the injunction. But Justice Hobon insisted that government should be held responsible for its disobedience of the order and that the AG was the representative of the government in court.
   The judge said the government only filed a notice of appeal in the trial court against the injunction but the appeal was not entered properly, adding that it was a ploy to delay court process.
   Shortly after the end of proceedings, some senior government officials were sighted in the court premises apparently to seek any possibility of reversal.
When they could not achieve their aim, the AG was taken to custody at about 4 p.m. in a Black Maria guarded by more than 20 policemen.
The suit was instituted by Churchgate to challenge alleged forced ejection from the management of the Bendel Brewery on June 17, 2003.
   In issuing the warrant last week, Justice Hobon ordered the Commissioner of Police to ensure that it is carried out.
The case was further adjourned to yesterday for hearing of the committal proceedings

source
http://www.theguardianmobile.com

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