The Abuja Division of the Federal High Court has okayed the commencement of contempt proceedings against transport minister Rotimi Amaechi over allegations that he flouted court orders.
Justice Donatus Okorowo on Wednesday gave the directive after counsel for the plaintiff, Abdulhakeem Mustapha, informed the court about the development.
Mr Mustapha said that the minister allegedly violated an order to maintain status quo issued on January 22 in a suit filed by the Incorporated Trustees of Citizens Advocacy for Social and Economic Rights (CASER).
CASER had challenged Mr Amaechi’s handling of appointing operators of the International Cargo Tracking Note (ICTN) in Nigeria.
In the suit marked: FHC/ABJ/CS/1587/2021, it alleged, among others, that Mr Amaechi manipulated the appointment process to the benefit of two local and inexperienced firms – Medtech Scientific Ltd and Rozi International Nigeria Ltd.
Listed with Mr 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, the plaintiff’s lawyer, Mr Mustapha, told the court that the minister defied the order to maintain the status quo and continued with the appointment process and is currently on the verge of completing the appointment process.
“In order to protect the sanctity of this honourable court, we have issued Form 48 against the Minister of Transportation. With the commencement of this committal process, which takes precedence over any other matter.”
Mr Mustapha said having issued Form 48 to the minister, he was filing a motion on notice to commit the minister to prison.
In response, Mr Amaechi’s lawyer, Omosanya Popoola, admitted receiving a letter notifying him of the issuance of Form 48 on his client.
Mr Popoola said his client is a law-abiding citizen, and he was yet to be personally served with Form 48.
Lawyer to BPP, Akin Olujinmi, said his client had also not been served with the Form 48 personally as required by law.
On his part, lawyer to the AGF, Mohammed Sheriff, aligned himself with the defence lawyers’ submissions that proceedings in the main suit should not be halted.
The judge agreed to suspend proceedings in the main suit, noting that: “Once the issue of contempt is raised, the court must suspend proceedings.”
The judge said the court will not close its eyes when told that its orders are being flouted.
The judge then directed the plaintiff’s lawyer to file a motion on notice with an affidavit to establish the facts of the alleged violation of the court’s orders, which must be filed and served before the next adjourned date.
Mr Okorowo adjourned the matter until May 9 for ruling on an application filed by Antaser Nigeria Limited.
(NAN)