Justice Iyang Ekwo of the Federal High Court has ordered the service of contempt suit on five Senior Advocates of Nigeria.

The judge gave the order on Wednesday after counsel to applicants said efforts made to serve them as required by the law, were not successful. He urged the court to commit the five SAN to prison custody for alleged contempt of court in the $418 million judgment debt suit.

The five SAN include Ahmed Raji, Dr Garba Tetengi,  Sunday Ameh, Aare Olumuyiwa Akinbor and Jibrin Okutepa.

Back story

In an ex-parte motion moved by Jibrin Okutekpa (SAN), counsel to the 36 state governments, the state governments sought an interim injunction, restraining the federal government from deducting monies accruing to them over the $418 million Paris club refund.

On March 25, justice Ekwo dismissed the suit filed by the 36 states attorneys-general against the Federal Government for lacking in merit.
The judge said the case was an abuse of the court process. He said they lacked the legal right to institute the matter without their governors’ consent.
The state attorneys have appealed the decision of the lower court at the Court of Appeal, Abuja.
On March 28, the 36 attorneys in an application sought an order restraining the Federal Government from approving the deduction of money accruing to them from the Federation Account for the payment of the judgment debt on the grounds that the decision had been challenged at the Court of Appeal.

What happened in court

Emeka Okoro, counsel to two applicants in the Paris Club suit had brought an ex-parte application before the court asking the court to commit the five SANs to prison custody for alleged contempt of court.

He alleged that the Senior Advocates placed “Caveat Emptor” on the judgment of the Federal High Court made on March 25 aimed at stopping the execution of the $418M judgment debt against the 36 States as their clients.
They allegedly placed the notice, warning all the banks in Nigeria and abroad against dealing with the respondents who the March 25 judgment was given in their favour with respect to promissory notes.
He said despite efforts made by the bailiff of the court to serve the five senior advocates, they allegedly evaded being served with the charge.
The applicants sought an order of the court to serve the contempt charge on the SANs through a nominated courier company and by pasting the same in their respective offices.
Ruling on the application, Justice Ekwo granted their prayer and ordered that the motion for contempt charge, be served on the senior advocates within seven days.
He then adjourned for May 26 for the hearing of the contempt suit.

In case you missed it

Nairametrics had reported that the court dismissed an application by the attorney generals of the 36 states of the federation seeking an order to permanently restrain the Federal Government from deducting monies accruing to the state over the $418 million Paris Club refund.
Nairametrics also reported that the court has declined to vacate an order restraining the federal government from deducting funds from the 36 states in Nigeria to settle $418 million judgement debt relating to the Paris Club.

What you should know

Placing Caveat Emptor on a  judgment of the court means that the said judgement should not be obeyed and that anybody that obeys the judgment does so at his own risk.
It is unethical for any lawyer to encourage disobedience to lawful court orders.
The two applicants are Panic Alert Security Systems Limited and Dr George Uboh. The 15th and 16th respondents in the $418 million Paris club debt.
They also asked the court to report the senior advocates to the Legal Practitioners Privileges Committee (LPPC) of the Body of Benchers.

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