Eniola Oloayemi
A High Court of the Federal Capital Territory sitting in Bwari, Abuja has insisted that its judgment and orders affirming the legitimacy of the Daniel Nwafor led executive of the All Progressives Congress in Imo State, remain in force.
Justice Othman Musa made the clarification on Monday at the resumed hearing in post-judgment proceedings initiated by the national office of the APC, its National Chairman, Adams Oshiomhole, and, Mr. Nwafor.
In a judgment delivered on August 14, 2018, the court had upheld the legitimacy of the Nwafor-led executive of the APC in Imo and forbade the dissolution of the committee.
After the judgment, Nwafor filed an application, seeking Oshiomhole’s committal to prison, on the grounds that he allegedly moved to dissolve the committee, in violation of the August 2018 judgment.
Mr. Oshiomhole and the APC equally filed an application, challenging the validity of the judgment which they argued was delivered without jurisdiction.
They also filed a counter-affidavit to the application by Nwafor.
At the hearing, counsel to APC and Oshiomhole, Mr. Damian Dodo, urged the court to first hear and determine his clients’ motion, challenging its jurisdiction and the validity of the judgment.
But Nwafor’s lawyer, Chidozie Ogunji, objected and urged the court to first hear his client’s application for the committal of the APC chairman to prison, before hearing any other application.
He contended that a court of law has a duty to protect its proceedings and processes from invasion.
Mr. Ogunji added that up and until the court deals with the issue of contempt which he said were an affront on the court, the issue of jurisdiction in whatever manner it was raised, was inconsequential.
He said, “We do not intend, for now, to apply that a bench warrant be issued. But we ask that the court makes an order that the party sought to be committed (Oshiomhole), attends court on the next date so that there will not be a continuous show of disrespect to this court.”
Mr Dodo, in his reply on point of law, faulted the argument and urged the court to first consider the challenge to its jurisdiction before conducting any other business.
He argued that the orders and judgment being challenged by his clients were allegedly got without their knowledge.
Giving his ruling after the arguments, Justice Othman agreed with Mr Dodo that although the court must protect its dignity and proceedings, it was necessary that it first resolve questions about its jurisdiction when raised, before conducting further proceedings.
He consequently elected to first hear the applications by the APC and its chairman on the issue of jurisdiction, before hearing Mr Nwafor’s application for committal.
The judge, however, insisted that the court’s judgment of August 14, 2018, and the consequent orders made, remain in force until the question about the validity of the judgment and orders was resolved.
He adjourned till March 20 for the hearing of the application by the APC and Oshiomhole, as well as the application for his committal.
