Opinions
EFCC’s Bawa & Contempt Ex Facie Curiae
The Federal High Court sitting in Abuja has convicted Abdulrasheed Bawa, the Chairman of Economic and Financial Crimes Commission (EFCC) for contempt of court in relation to his agency’s refusal to comply to to an earlier court order.
Although, the powers of Court to render punishment for contempt, be it contempt in facie curiae (criminal contempt) or ex facie curiae (civil contempt) is inherent in all the Court, however the point of focus is the process and procedure for committal of a person who defies lawful Orders Court under the Federal and States High Court Civil Procedure Rules and Judgment{ Enforcement } Rules made pursuant to Sheriffs and Civil Process Act, 2004. It should be noted that when a contempt of Court committed whether in facie curiae or ex facie curiae, it is the duty of court to deal with it in order to secure and protect the authority of the Court.
Procedure For Contempt In Facie Curiae
The first type of contempt for which a committal proceeding can be set in motion, is contempt in facie curiae. It is a contempt which is committed coram judice or in the face of the Court. It may arise as a result of disrespectful conduct or comments made in the Court room by a contemnor when proceedings are going on and which is seen and heard by the judge, which undermines the dignity of the Court or which interferes with the administration of justice. In other words, it may be conduct which obstructs or disrupts proceedings of Court.
Under this class of contempt, there is no need to call for evidence of what transpired, because it happened in the immediate view of the Court. The Judge saw and heard the contemnor commit what the Court considers contemptuous, and so punishment is meted out summarily, after the contemnor is asked to show cause why he should not be sent to prison for his contempt.
The Supreme Court of Nigeria in the case of INEC & ANOR V OGUEBEGO & ORS, whilst considering the instance when words or actions used in the face of the Court or in the course of proceedings be deemed contemptuous, held as follows: “For words or actions used in the face of the Court, or in the course of proceedings, to be contempt, they must be such as would interfere with the course of justice. A superior Court of record has the inherent jurisdiction to deal with contempt in facie curiae and punish for the offence summarily. It must once again be emphasised that the summary power of punishing for contempt should however, be used sparingly and only in serious cases….”
A textbook case is seen in the case of ADEYEMI CANDID-JOHNSON V MRS ESTHER EDIGI. Check the citation.
The law of contempt only exists to uphold and ensure effective administration of justice and not for personal glory as we have seen in the cited above. The power of the Court to punish for contempt must always be exercised to secure and protect the authority of the Court. In fact, the powers should be sparingly exercised and only in serious cases.
Procedure For Contempt Ex Facie Curiae.
The second type of contempt is contempt ex facie curiae which means contempt committed outside the Court (Coram non judice) and therefore out of sight and hearing of the Judge. It arises from disobedience and obstruction of lawful orders of Court. When a Court makes an order directing a person to carry out certain act or to refrain from a particular conduct, failure to abide by the directive is a serious breach of the Court’s jurisdiction and may be found to be contemptuous. Contempt ex facie curiae is a serious offence which interferes with the powers of the Court to administer justice and the Court is entitled to invoke its innate powers to punish an erring party by committing the person to prison.
The procedure for punishment for this category contempt is very strict and it is governed by the provisions of Section 72 of the Sheriffs and Civil Process Act, LFN 2004 (“SCPA”) and Order 9 Rule 13 of Judgment Enforcement Rules. For ease of reference, Section 72 of the SPCA provides as follows.
“ If any person refuses or neglects to comply with an order made against him, other than for payment of money, the court, instead of dealing with him as a judgment debtor guilty of the misconduct defined in Paragraph (f) of section 66 of this Act, may order that he be committed to prison and detained in custody until he has obeyed the order in all things that are to be immediately performed and given such security as the court thinks fit to obey the other parts of the order, if any, at the future times thereby appointed, or in case of his no longer having the power to obey the order then until he has been imprisoned for such time or until he has paid such fine as the court directs.” [Emphasis mine]
A summary of the applicable Law and rules of Court as regards proceedings for contempt ex facie curiae s divided into two important stages as follows:
Stage I– when a positive of Order of Court is flouted, the first thing to do is to make an application to the Registrar of the Court for Issuance of Form 48 which would have a copy of the relevant Order endorsed at the back of the Form. Form 48 is a notice of consequence of disobedience of Court Order. The Form 48, endorsed with Court Order, must be signed by the Registrar of the Court and the person who wants to enforce the Court Order must ensure that the form is personally served on the alleged contemnor (party in contempt) by the Court’s bailiff who must file proof service in the Court’s file. The essence of personal service of form 48 is to give the contemnor the opportunity to retrace his steps and avoid the Court’s sanction.
The Court, however, is empowered to dispense with service of the Form 48 and 49 on the contemnor, if the Court is satisfied that he has adequate notice of the Order either by being present when the Order was made or by being notified of the terms of the Order and deliberately refused to comply with same.
Stage II– If after complying with above procedure -that is issuance and the service of Form 48- the contemnor or the party fails to comply with the Court order, the person seeking to enforce the Order can, after 2 days of service of form 48, apply to the Registrar for Form 49 to be issued and served on the contemnor. Service of Form 49 must also be made in like manner as service of Form 48 above.
After complying with the above procedures, the party seeking to enforce the Court Order may then approach the Court by a Motion on Notice for committal. This Motion is to be supported with a statement setting out the reliefs and the grounds of the application, together with an affidavit brought under the Sheriffs and Civil Process Act or Law, he judgment enforcement Rules made thereunder and under the provision of Rule Courts, such as the Federal and State High Court Rules of various States in Nigeria.
It is imperative to state that, committal proceeding as encapsulated above is a process that affects the liberty of an individual because it is criminal in nature. Therefore, the procedure provided by law must be complied with. Failure to comply with any of the procedures set out above constitutes a fundamental vice which will render the whole committal process a nullity. In the case of DIKIBO V IBULUYA, the Court held that “as committal proceedings touch on deprivation of freedom and liberty of the person, the service and procedure thereof are applied strictly and any break or departure from the Strict application vitiates the proceedings”.
The question therefore is has all the proceedings been met in the quest for the committal to prison of Abdulrasheed Bawa, the Chairman of EFCC? We eagerly await the appeal proceedings instituted by the contemnor in the face of the order for his committal action.
George Olufemi Ogunjimi Esq.
Juris Republic.
News
Breaking: Port Harcourt refinery begins production of refined PMS in two weeks — Kyari
Group Chief Executive Officer of the Nigerian National Petroleum Company Limited (NNPCL), Mr. Mele Kyari has assured Nigerians that the Port Harcourt refinery will begin to deliver refined petroleum products in two weeks.
Addressing Journalists after meeting with the Senator Ifeanyi Ubah, APC, Anambra-South led Senate Ad-hoc Committee on Turnaround Maintenance of the country’s four refineries on Thursday, March 14, Kyari also disclosed that the Warri refinery is almost ready too. He added that the refinery in Kaduna would be completed and ready to go into production in December this year.
He said;
“The Completion mechanical means that you are done with your rehabilitation work, now you are to test if this completion is okay. As for Warri refinery, we have also completed the mechanical works on it and it is undergoing the regulatory compliance processes that we are doing with our regulator.
“This also will be completed and it will be ready. “Kaduna will be ready by December, We have not reached that stage (of Port Harcourt and Warri) with Kaduna.”
Kyari also said there are no challenges with the pipelines to deliver crude to the refineries as the existing lines are fully pressurised to deliver crude.
He said;
“All crude lines are active and have actually delivered over 450,000 barrels into Port Harcourt refinery. We are confident of the integrity of it. Yes, there may be security issues, but also the government is responding to the situation.”
Opinions
Lagos My Lagos By Barr. Ogunjimi
I was at a colleague’s office in Finsbury’s Park, North London this week to train the staff on matters relating to anti money laundering’s ever evolving laws when the subject of Lagos and Nigeria came up.
I listened to every argument and happily enough, many of the contributors agreed that Lagos indeed is a city to watch and had nothing but praises for the masterminds of the current development of the modern city and with President Tinubu at the helms of affairs in Abuja, we can also expect some great transformation towards the country too.
Reno Omokri had these to say recently regarding the transformation of our country which has begun with Lagos about 25 years back: Isha Sessay is an American citizen who visits Nigeria often, and she praises our country to the high heavens because Nigeria’s healthcare saved her mother’s life. Time Out Magazine listed Lagos as better than Miami, Naples and Melbourne. (Some of) You have not been to these places, yet you are castigating Time Out as if you are better travelled than the 20,000 seasoned travellers they asked.
Are you aware that Lagos is now one of the world’s latest destinations for medical tourism? Please fact-check me. People from the United Kingdom and Europe, who have to contend with long waiting periods to see public healthcare professionals, are trooping to Lagos for inexpensive, IMMEDIATE treatment.
Let me add that our Stock Market is now the world’s most profitable bar none, and according to the United Nations Conference on Trade and Development (UNCTAD), Nigeria is set to deliver a double-digit return on investment throughout 2024.
Governor Babajide Sanwoolu has just rolled out plans for an airline belonging to Lagos State to add to the incoming Lekki airport, the fourth mainland motorway, the rail systems covering not just the city but the whole state and beyond.
About 23 banks in the country are headquartered in Lagos and this tells you everything about those who watch over the city, those who labour day and night to make sure the city is free and secure to live and work. Those who selflessly plan for the progress of the city and her residents.
It is on this note I feel indignant listening to the provocative ranting of Senator Ali Ndume on the issue of moving some departments of the Central Bank of Nigeria and Federal Airports Authority of Nigeria to Lagos for easy administration.
How could Ndume come on national television to threaten fire and brimstone against the President so brazenly and with such impunity on a matter of mere administrative rather than political significance?
Who does he think he is to single out and address people from Lagos that work with the President in such a condescending manner? Look at the haughty manner in which he carried himself on national television insulting and attacking people he believes are less Nigerian than he and members of the self – conceited interest group he represents.
One of the first actions taken by OBJ after he assumed office in 1999 was to reverse the daft decision that moved the Hq of NPA from Marina to Abuja, which was taken by the Abacha administration. That was how SHIP HOUSE, Abuja was taken over by Ministry of Defence and the NPA Hq moved back to Lagos. Nigeria Railway Corporation also had its headquarters moved back to Railway Compound, Ebute Metta from Abuja by OBJ. When those decisions were taken the North cried foul but the world did not come to an end as OBJ stuck to his guns. I hope President Tinubu would stand his grounds on the decision that the Banking Supervision Department of the CBN and headquarters of FAAN be moved to Lagos. This is a test of wills and he must not back down.
We are copying the Presidential system of government from the US which literally allows the other components of the system to function along the central body or axis. In the US and the UK, strategic considerations determine where the headquarters of government agencies are located. When the need is compelling for some to be located outside the capital the headquarters is sited away from Washington or London. Abuja remains the capital but Lagos is strategically placed with all the amazing amenities being built by the government of the state to offer more opportunities to the nation.
Whichever way, Lagos continues to thrive and attract the best talents from all over the world and it will so greatly remain no matter the threat from her haters.
Unfortunately, no one can drag the lagoon or ocean from their God’s given abodes no matter how they try through their wicked devises and desires.
Lagos remains unshakable and will host many more departments thrown at it through the wisdom of the President of the Federal Republic of Nigeria.
Dr George Ogunjimi, the Bamofin of Ojo kingdom, Lagos writes from Goffs Oak. Hertfordshire, UK.
Opinions
Why First Lady Oluremi Tinubu Deserves To Be Celebrated At 63 – Lagos Assembly
– praises President Tinubu for achievements in 100 days
Members of the Lagos State House of Assembly have celebrated with the First Lady of the Federal Republic, Senator Oluremi Tinubu on her 63rd birthday.
The Speaker, Rt. Hon. Mudashiru Obasa, who directed the Clerk of the House to transmit a letter congratulating the First Lady on behalf of the Assembly, described Oluremi as a wonderful woman whose doors are always open to Nigerians in need.
“As a former First Lady of Lagos State, she continued and upgraded the Committee of Wives of Lagos State Officials, COWLSO, which is today appreciated far and wide.
“Her New Era Foundation lifted thousands of people, including widows, promoted and encouraged educational empowerment through the Spelling Bee competition that have produced many ‘One-Day Governors’ in the State.
“As Senator, she stood for Lagos in many capacities making the State proud of her.
“As the First Lady of Nigeria, she has continued with her strides for the well-being of others with unquantifiable compassion and zeal to help the less privileged, the challenged and those in need. She is doing this successfully through her Renewed Hope Initiative,” Dr. Obasa said adding that her philanthropic gestures have helped to build hope and motivated people.
He prayed for long life and health for the First Lady and her family.
Earlier, Hon. Omolara Olumegbon, who raised this on the floor of the House, appreciated Senator Oluremi for her achievements while she was First Lady of Lagos and in her capacity as the Grand Patron of the Committee of Wives of Lagos State Officials (COWLSO).
Hon. Olumegbon also recalled how the First Lady touched lives while she served as Senator of the Federal Republic of Nigeria.
She described the First Lady as a mother, philanthropist, politician and patriotic Nigerian.
While Hon. Joseph Kehinde extolled her as a woman who loves widows and children, Hon. Olotu Emmanuel commended her for always helping people.
Hon. Mosunmola Sangodara described Senator Oluremi Tinubu as a woman of strength who is also God-fearing.
According to her, the First Lady is “a humble person who respects people irrespective of their ages. She is a woman to emulate for the support she has always given President Bola Ahmed Tinubu.”
Meanwhile, the House also commended President Bola Ahmed Tinubu for his achievements in the last 100 days in office while urging for equitable distribution of palliatives in the form of social amenities across the country.
The lawmakers expressed satisfaction with the President’s effort to ensure the economy is stabilised despite the removal of subsidy.
“When people are appreciated, they tend to do more and in the case of Mr. President, there have been changes in all sectors of the country.
“The country is witnessing the achievements of President Tinubu. We also need to ensure that people who are in need of the palliative enjoy it the most in terms of more input in transportation, health, agriculture, and education,” Speaker Obasa said.
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