Lagos, yesterday, struck out the contempt
charge filed against former Ogun State
Governor, Gbenga Daniel and a former
Speaker of the House of Representatives,
Dimeji Bankole. Justice Abang's decision
followed the withdrawal of the applications
for their committal to prison by the plaintiffs'
counsel, Mr Ajibola Oluyede.
The plaintiffs, led by Peoples Democratic
Party, PDP, Chairman in Ogun State, Adebayo
Dayo, are alleging that the respondents had
been attempting to remove them from office,
thereby flouting a judgment of the court.
At the resumed hearing of the suit, counsel
for Daniel and Bankole, Professor Taiwo
Osipitan (SAN), and Afolabi Fashanu (SAN),
prayed the court to dismiss the contempt
case since they had joined issues, rather than
strike it out.
Osipitan argued that leave of court was not
obtained before Daniel was named as an
alleged contemnor. He submitted that "a
person like Daniel who was not a party to a
judgment cannot be an alleged contemnor
without prior leave of the court being granted
to commence contempt proceedings against
such a person''.
But, plaintiffs' counsel, Oluyede said
contempt proceedings are independent of the
case, they derive from and not interlocutory,
therefore, he can discontinue the charge
without consequences.
He argued that the alleged contemnors did
not join issues on the merit of the case in any
of the contempt applications. "Issues cannot
be joined on the merit by preliminary
objection. We're well within our right to
unilaterally discontinue or withdraw the
applications," Oluyede said.
In his ruling, Justice Okon Abang held that the
contempt proceeding was a separate action
arising from a judgment, which he said
everyone aware of it must obey.
"Being an independent suit, the judgment-
creditor can withdraw the committal
applications at any time,'' the judge held. The
court stated that had the alleged contemnors
joined issues through a valid counter-
affidavit, the case could have been dismissed.
The court observed that the counter-affidavit
filed by Bankole was out of time, while an
application for engagement of time had not
been heard.
However, Justice Abang reaffirmed his order
restraining PDP National Working Committee
from according any recognition or accepting
as valid any primaries for next year's election
except those conducted with the Ad hoc ward
delegates list.
He also restrained the Independent National
Electoral Commission, INEC, from accepting
as valid any such primaries or publishing any
list other than the Ad hoc ward delegate list
prepared by the Adebayo Dayo-led executive.
The matter continues today for hearing of the
pending contempt charge against PDP and
INEC.
Posted By David Aniemeka
No comments:
Post a Comment