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Rampant disobedience of court orders by security organs

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By Ehichioya Ezomon

The rule of law is both foundational and fundamental to democratic governance in a civilised society. Absence of the rule of law inevitably breeds the rule of the jungle.
One of the tenets that undergird the rule of law is order of court, whose disregard of or disrespect to may lead to anarchy that thrives on might and tramples upon rights.
That’s why November 2022 is significant, as Nigeria seeks to move away further and farther from the era of the jackboots, to deepening the country’s democratic ethos.
In the past month, the courts have shone more light on what’s always been visible to the public: The regular and continuous disrespect to court orders by the heads – at whatever level – of Nigeria’s multiple security agencies.
Within three weeks, three judges of High Courts in Abuja and Minna have ordered the arrest and imprisonment of four high-profile security officers “for contempt of court.”
Those indicted: Chairman of the Economic and Financial Crimes Commission (EFCC); Inspector General of Police (IGP); Chief of Army Staff (COAS); and Commandant of Training and Doctrine Command (TRADOC).
While the court censor of EFCC Chairman Abdulrasheed Bawa came early in November, the orders on IGP Usman Alkali Baba, COAS General Farouk Yahaya and TRADOC Commander Major-General Stevenson Oluwagbenga Olabanji, respectively, were given in late November.
It doesn’t matter if these officers superintend regular, quasi or para-security outfits, bear arms or legally recognised to carry out the duties they so discharge.
A similar thread runs through them: Brazen disregard of and disrespect to court orders, as if they’re above the law, which they take into their hands with reckless abandon.
This decadeslong proclivity is what the November court rulings spotlighted as a growing concern within the Officer Corps, and among the rank and file of the security.
Often, you hear officers – mainly of the lower ranks – boasting, “I will deal with you mercilessly, and nothing will happen. You can go and report to the IG or the Commander-in-Chief, and I tell you nothing will happen.”
If the rank and file exhibit such a level of indiscipline, why would you expect members of the Officer Corps to respect mere orders of courts issued by “bloody civilians?”
Hence the Human Rights Writers Association of Nigeria (HURIWA) was against the “norm” when it asked IGP Baba to “pack your bags (and) head to Kuje prison now.”
Because the IGP won’t obey the order – not even for its symbolism – and report himself to prison with his office and power behind him: armed escorts and blaring sirens.
HURIWA had urged the IGP to obey the three-month prison sentence immediately, and “surrender himself with his prison bag straight to the Correctional Centre in Kuje.”
“He (Baba) should not treat this court order with ignominy or contempt,” HURIWA said in a statement, adding, “Anything outside of strict compliance with this court order will mean that Nigeria has become a banana republic.”
HURIWA called on President Muhammadu Buhari “to personally supervise the surrender of the IGP to the Federal Correctional Centre, Kuje, without wasting time.”
But rather than obey by “complying with the judgment or getting a stay of execution order quickly,” as HURIWA counselled, the IGP’s complaining and issuing excuses of “I’m not aware of such a court order.”
The Force Public Relations Officer, Olumuyiwa Adejobi, claimed that, “the (IGP’s) office is not aware of any Court Order, during the current IGP’s tenure, with respect to a matter… that the IGP disobeyed a Court Order for the reinstatement of a dismissed officer of the Force.”
“It is instructive to note that the case in point concerns an officer who was dismissed as far back as 1992, a few years after the current IGP joined the Nigeria Police Force, based on available facts gleaned from the reports.
“The most recent judgement on the matter was given in 2011 which should ordinarily not fall under the direct purview of the current administration of the Force. Thus, the news is strange and astonishing.
“The IGP has however directed the Commissioner of Police in charge of the Force Legal Unit to investigate the allegation in a bid to ascertain the position of the court and proffer informed legal advice for the IGP’s prompt and necessary action,” Adejobi said.
Meanwhile, the IGP’s filed a motion to vacate the order for his arrest and committal to prison, arguing that the processes for the contempt proceedings were served in 2018, and 2019 “on the former IG, and not on him as the incumbent.”
“This was evidenced by an official letter addressed to the Police Service Commission, on the approval of the then IG, as far back as 2015, before the court order of November 29, 2022,” PPRO Adejobi said in a statement.
“The then IG requested the commission to issue a reinstatement letter to the plaintiff, and effect his promotion, in line with the order of the court in the exercise of its statutory authority.”
Similarly, without complying with his committal to prison, Mr Bawa quickly appealed the ruling from a 2018 court order that the EFCC return a Range Rover and N40 million it’d seized from retired Air Vice Marshal Adeniyi Ojuawo.
The trial Justice Chizoba Oji had discharged and acquitted Ojuawo for lack of diligent prosecution, and ordered that his car and money be returned to him.
But last November – after four years – Ojuawo filed an application over non-compliance with the court order, leading Justice Oji to order Bawa’s arrest and jailing for three months, “having continued wilfully in disobedience to the order of this court… until he purges himself of the contempt.”
Two days later, the Judge vacated the order when she’s satisfied with the evidence placed before her that the EFCC had returned the car to Ojuawo, with arrangements in place to refund the N40 million to the applicant.
The circumstances of the case involving the COAS and TRADOC’s commander are unclear, but the Niger State Chief Judge, Justice Halima Ibrahim Abdulmalik, has committed Gen. Yahaya and Maj.-Gen. Olabanji to prison in Minna for three months “until they purge themselves of contempt.”
The matter is based on a 2019 suit (NSHC/225/2019 in Minna) between Adamu Makama and 42 others versus the Executive Governor of Niger State and seven others.
At its resumed hearing on October 12, 2022, Justice Abdulmalik gave an order – which the COAS and TRADOC commander reportedly flouted – prompting Mohammed Liman, the plaintiffs’ counsel, to file for contempt.
The case has been adjourned to December 8, but as it happened with the IGP and EFCC’s Chairman, Nigerians are yet to hear about the arrest and imprisonment of the COAS and TRADOC commander for contempt.
Will these Military top shots also appeal the court order for their arrest and committal to prison, make themselves available for transfer to the correctional centre in Minna or join others that place themselves “above the law”?

Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.

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Mambilla Update: Agunloye heads to Appel Court over ruling fundamental rights

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Justice Obiora Egwuatu at the Federal High Court in Abuja has dismissed a Suit filed by Agunloye in June 2023 to restrain EFCC from harassing him and breaching his fundamental rights because of the ongoing International Arbitration on Mambilla Power Project

The points made by Agunloye in the Civil Suit which had dragged for over nine months had become irrelevant or expired in reality because the EFCC, the Respondent, had, while the case was in progress, declared Agunloye wanted, detained him, maltreated him in detention.
The antigraft agency also arraigned him before another court and remanded him in prison until the court granted him bail.

The court under Justice Egwuatu, however, did not consider the merits of the case largely on the ground that EFCC has the power to carry out its statutory duties and can not be stopped by the Court. On this basis, Justice Egwuatu dismissed the suit and awarded costs.

Agunloye’s lawyers have expressed preparedness in respect of the appeal considering that the court admitted basing its ruling on the suit being “an attempt to use the instrumentality of the Court to shield the Applicant from criminal investigation and to interfere with the statutory authority of the Respondent to investigate crimes or allegations of same in line with the EFCC Act.”

It is believed that the duties of EFCC must be performed in accordance with the law, and the court has the powers to stop any infraction by the EFCC in the course of performance of its duties. Such does not amount to interference with the statutory duties of EFCC but a legal checkmate of its powers to deter likely abuse.

With the Agunloye heading to
appeal against the Judgement, the case is far from being over, and the Court of Appeal will take the opportunity to look at the case extensively.

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Oyowoli Vs Delta Governor: Court fixes March 27th to hear preliminary objection

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High Court 2 in Asaba, Delta State, Presided over by Justice G. Brikinns Okolosi, has slated March 27, 2024, to rule on preliminary objection for extension of time, raised by Counsels to two defendants in the case instituted by Prince Oyowoli Emiko against Prince Utienyioritsetsola Emiko, Delta State Governor, Hon Sheriff Francis Orohwedor Oborevwori and 23 others.

The Court took the position at its proceedings on Monday.

Prince Oyowoli Emiko, in a suit
had dragged Prince Utienyioritsetsola Emiko, Pa Akoma Dudun (The Olare-Ebi of Ginuwa 1 Ruling House, Warri Kingdom) Chief Ayirimi Emami (the Ologbotsere of Warri Kingdom/member of the Olu Advisory Council) Prince Emmanuel Okotie-Eboh (The Olori-Ebi of Ginuwa 1 Ruling House, Warri Kingdom) The Governor of Delta State, The Attorney General of Delta State and Chief Johnson Atseleghe (the Iyatsere of Warri/member of the Olu Advisory Council) and 18 others to the court in Asaba as defendants
He is praying the court to declare him as the rightful heir to the throne of Warri Kingdom, following the transition of the then Olu of Warri, Ogiame Ikenwoli.
The stool had since been occupied by His Majesty, Ogiame Atuwatse III.
At the Court proceedings, Counsels to some of the defendants in the suit had challenged the jurisdiction of court to entertain the matter and sought for preliminary objection for extension of time.
Findings revealed that at the last
adjourned date, the court made an order, setting down the preliminary objection for hearing and subsequently gave defense Counsels seeking the preliminary objection, two weeks to file in the objection.
At the resumed hearing on Monday, Chief Emmanuel Uti, who is counsel to Chief Ayirimi Emami, opposed the application brought by Barrister Orhiaki and Chief Robinson Ariyo, on the ground that a new law that is called Administration of Civil Justice Law of Delta State 2022.
The law provides that if a preliminary objection is to be filed, it should be done within 30 days upon being served with the statement of claim.

Chief Robinson Ariyo argued that the court lacks jurisdiction to entertain the matter, which according to him has been discontinued by the claimant.

Chief Emmanuel Uti, however argued that since the preliminary objection wasn’t filed, within the aforesaid time, the court can as well hear the matter on merit and decide at the end of the day, that both the preliminary objection and the substantive matter should be heard on merit.

Speaking to newsmen shortly after the court proceedings, Chief Emami, the erstwhile Prime Minister of the Warri Kingdom likened his role in the case to that of an electrical umpire like the INEC (Independent National Electoral Commission) which according to him, is to supervise the electoral process for the emergence and crowning of Olu of Warri Kingdom.

When asked about the presence of some persons who wore branded T-shirts to the court premises, Chief Emami, explained that “their action was occasioned by happenings in Warri kingdom, especially because I stand for truth and fairness as it relates to the succession controversy in Warri Kingdom.”
Spokesperson of the Ologbotsere Descendants Worldwide, Mr. Alex Eyengho and other supporters of Chief Emami, were in the court premises to show solidarity .

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Tension in 7 States as Supreme Court delivers judgements on Friday

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Apprehension has gripped Seven States, as the Nigerian Apex Court has hinted it will deliver judgements in seven governorship appeals on Friday, January 12, 2024, beginning from 9am.

The states includes Lagos, Kano, Zamfara, Plateau, Ebonyi, Bauchi and Cross River.

Sanwo-Olu VS GRV, Jandor
The Appeal Court in Lagos in November affirmed the judgment of the tribunal, confirming the return of Babajide Sanwo-Olu and Obafemi Hamzat as the Governor and Deputy Governor of Lagos state.

The justices of the court of appeal in a unanimous decision dismissed the appeal of the Peoples Democratic Party (PDP) and the Labour Party (LP) for lack of merit.

In March, INEC declared Sanwo-Olu as the winner of the Lagos governorship election.

Sanwo-Olu polled 762,134 votes to defeat his close challenger, LP’s Gbadebo Rhodes-Vivour also known as GRV, who scored 312,329 votes. PDP’s Abdulazeez Adediran popular as Jandor came a distant third with 62,449 votes.

Not satisfied, the LP and PDP candidates approached the Lagos State Election Petitions Tribunal to nullify Sanwo-Olu’s victory.

In its ruling on September 25, the tribunal dismissed Adediran and Rhodes-Vivour’s suit seeking to nullify the victory of Sanwo-Olu at the poll.

Displeased with the verdict, the duo approached the appellate court but the higher court dismissed their suits. Both men subsequently approached the apex court which is expected to deliver a judgement on Friday.

Nwifuru VS Odii
The Supreme Court had on Tuesday reserved judgement in the Ebonyi State governorship election appeal.

Last November, the Court of Appeal in Lagos had affirmed the election of APC’s Fran­cis Nwifuru as the duly elected governor of Ebonyi State in the March 18 governorship election.

The three-member panel presided over by Justice Jummai Sankey, in its unanimous decision, dismissed the appeal filed by PDP’s Chukwuma Odii and upheld the earlier verdict of the tribunal but the PDP candidate approached the apex court to seek redress

Yusuf VS Gawuna
Late December, the apex court reserved judgement in the appeal filed by the Kano State Governor, Abba Yusuf, challenging the verdict of the Court of Appeal and the State Election Petitions Tribunal, which removed him from office.

The five-member panel led by Justice John Okoro reserved the judgement after the parties adopted their brief of arguments.

In September, the tribunal nullified the victory of Yusuf, the candidate of the New Nigeria’s Peoples Party (NNPP) in the March 18 governorship election.

The tribunal also affirmed Nasiru Gawuna of the All Progressives Congress (APC) as the duly elected governor of Kano.

On November 13, the Court of Appeal upheld the verdict of the tribunal. In its ruling, the Appeal Court agreed with the judgement of the tribunal, ruling that the fielding of Abba Yusuf was in breach of the Electoral Law as he was not qualified to contest that election. But the governor proceeded to the Supreme Court to seek redress.

Lawal VS Matawalle
Last November, the Appeal Court nullified the election of Zamfara State Governor Dauda Lawal.

Lawal, of the main opposition PDP, was declared the winner of the March 18 governorship election. In a shocking victory that dislodged then-incumbent Bello Matawalle of the All Progressives Congress (APC), he polled a total of 377,726 votes. Matawalle scored 311,976 votes.

The PDP candidate, now serving as the Minister of State for Defence, had accused INEC of subverting his victory at the poll by failing to include the results of some ward areas.

In an earlier ruling on September 18, the Zamfara Election Petitions Tribunal held that the petition was devoid of merit. While upholding Lawal’s victory, the tribunal awarded the N500,000 fine against the petitioners.

An unsatisfied Matawalle, as observers expected, took the matter to the Court of Appeal in Abuja, to challenge the decision of the lower court.

Respite came for Matawalle on Thursday as the three-member panel led by Justice Oyebisi Folayemi, nullified the return of Governor Lawal as the winner of the governorship poll.

Justice Sybil Nwaka ordered INEC to conduct a fresh election in three local government areas of the state, where elections had not been held previously or where results from various polling units were not counted.

But the governor proceeded to the apex court to seek redress.

Mohammed VS Abubakar
Also in November, the appellate court affirmed the victory of Governor Bala Mohammed of Bauchi State in the March 18 governorship election.

The appeal was filed by the All Progressives Congress (APC) governorship candidate, Sadique Abubakar, following the tribunal judgment upholding Mohammed’s victory.

The panel of three justices were unanimous, awarding no cost as the court ruled that each party to the matter should bear their costs.

The presiding judge, Justice Chidi Nwaoma Uwa, read the judgment in the order of the appellant’s plea before the appeal court.

On plea number one, the appellant pleaded that the election be nullified because the forms and booklets used in the election were not properly filled. The court ruled that the appellant failed to prove this allegation with the needed evidence.
Mutfwang VS Goshwe
On January 9, 2024, the Supreme Court reserved judgement in the appeal filed by the Governor of Plateau State, Caleb Mutfwang, seeking to overturn the verdict of the Court of Appeal which nullified his election.

A five-member panel of justices led by Justice John Okoro reserved judgement after hearing arguments from parties for and against the appeal.

The governor through his counsel, Kanu Agabi, prayed the court to uphold the judgement of the Tribunal and set aside the judgment of the appellate court because the respondents have no right to question how a party elects its state executives.

He said the respondents (Nentawe Goshwe and the All Progressives Congress) can not plead that the governor did not score the number of lawful votes ascribed to him at the same time say the election was invalid.

In November, the Appeal Court in Abuja sacked Mutfwang and ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Goshwe but the governor proceeded to the apex court to seek redress.

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