Contempt: A/Court grants EFCC’s stay of proceedings against Yahaya Bello …fixes May 20 for hearing

The Court of Appeal, Friday, granted an exparte motion for stay of proceedings filed by the Economic and Financial Crimes Commission(EFCC) against the contempt proceeding instituted by the former Governor of Kogi State, Yahaya Bello, against the Chairman of the Commission, Ola Olukoyede. Justice Joseph O.K. Oyewole, consequently granted the EFCC’s application to serve the processes in the Appeal by substituted means on the former governor. Consequently, the matter was adjourned for hearing of the motion on notice to May 20, 2024. The EFCC boss who was summoned to appear before the Kogi State High Court on May 13, 2024, to show cause why he should not be committed to prison for disobeying the Orders of the court, had appealed the Ruling of the trial Court and sought a stay of the proceeding of the Court. The EFCC boss is facing a contempt charge for carrying out “some acts upon which they (the EFCC) have been restrained” by the Court on February 9, 2024, pending the determination of the substantive Originating Motion. Justice I. A. Jamil, delivering a ruling in Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, ordered that “the said act was carried out by the Respondent (EFCC) in violation of the order, which was valid and subsisting when they carried out the act. That same act of the Respondent amounts to Contempt. EFCC operatives had laid siege on the residence of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, as early as 8am on April 17, 2024, with a bid to arrest him, despite a court order restraining them from taking such action, pending the determination of the Originating Motion. Justice Jamil’s order was based on a motion ex-parte filed by Yahaya Bello through his lawyer, M.S. Yusuf, Esq, where he prayed the court for an order to issue and serve the Respondent (EFCC Chairman) with Form 49 Notice to show cause why Order of committal should not be made on Olukoyede.

Protests: FG bows to Organised Labour, withdraws contempt suit

The Federal Government says it has withdrawn the contempt of court proceedings against organised labour for embarking on a nationwide protest. This is contained in a letter addressed to the lead counsel to the NLC, Falana and Falana’s Chambers on Tuesday in Abuja. The letter dated August 7 to Falana’s Chambers was signed by the Solicitor General of the Federation, Mrs  B.E. Jeddy-Agba. The Federal Ministry of Justice had through the National Industrial Court (NICN) issued the leadership of the organised labour summons on contempt of court for embarking on the protest. The Union had responded by threatening to embark on a nationwide strike from August 14, if the Federal Government failed to withdraw its contempt of court charges. The Labour Congress and it’s affiliate the Tarde Union Congress (TUC) had embarked on a mass protest over anti-poor policies of government, especially the removal of fuel subsidy that had brought untold hardship to Nigerians. The letter reads: “Kindly recall the exchange of correspondence between the ministry and your office on the need for compliance with the extant court orders, restraining industrial action of any kind on the part of the Nigeria Labour Congress and Trade Union Congress. “The position of the ministry was informed by the need to safeguard the integrity of the court and prevent avoidable service disruption or damage to public facilities. “In spite of these exchanges/interventions, the labour unions on August 2, proceeded with the industrial action through public pretests”. It also said the protest led to disruption of work and the eventual pulling down of the gate of the National Assembly. “The foregoing, it said, prompted the ministry to initiate contempt proceedings by tiling Form 48 on the same 2nd August 2023 in accordance with Section 72 of the Sheriffs and Civil Process Act and Order 9 Rule 13 oftlwe Judgment (Enforcement) Rules. “It is trite that issuance of Form 48 is just the starting point in contempt proceedings which will only crystalize upon the issuance of Form 49 and the consequential committal order.” It noted that upon the intervention of President Bola Tinubu and the decision of the labour unions to call-off their industrial action after meetings with the President and leadership of the National Assembly. “The ministry did not proceed further with the contempt proceedings, which would have required the issuance of Form 49 within two days of the issuance of Form 48. “It is self-evident that the none-issuance of Form 49 as at August 4, renders the contempt proceedings inchoate. “You may therefore wish to advise or guide the labour unions on the practice and procedure of contempt proceedings. “Also,  particularly to the effect that the issues or concerns raised by NLC in its communique on the proceedings, have been overtaken by events,” it said.