From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has been asked to commit the sitting Attorney General of the Federation (AGF), and Minister of Justice, Prince Lateef Fagbemi (SAN), to prison over alleged flagrant and willful disobedience to its orders.
In a motion for committal marked FHC/ABJ/CS/646/2023, the applicant, Michael Aneke, an entrepreneur is specifically urging the court to jail the AGF for a period of three months for the reason of the contempt committed by him in connection with the proceedings and orders of the court.
Counsel to the applicant, Anayo Ilo, in the committal processes filed before the court ,said the court is empowered to punish the AGF for acts of flagrant disregard to its public duty and contempt to order of a court of competent jurisdiction, with impunity and in challenge of the will and hallowed authority of the court to enforce its orders.
The motion which was brought pursuant to order 35, rule 2 (1) and (2) of the Federal High Court (Civil Procedure) rules 2019 is seeking an order directing the respondent (AGF) to purge himself of his deliberate willful, persisting and contemnous disobedience of the order of the court made on July 3, 2023, compelling him to forthwith, grant the applicant consent to enforce the judgment of the court delivered on August 29, 2022, in suit No: FHC/ABJ/CS/1240/2020.
“ An order summoning Chief Lateef Olasunkanmi Fagbemi, currently occupying the office of the respondent, to appear personally before the court for the purpose of enforcement of an order of committal upon him.”
He predicated his request on the grounds that the respondent (AGF) willfully refused to grant consent to enforce money judgment handed down by the court on August 29, 2022 in suit No: FHC/ABJ/CS/1240/2020, in favour of the applicant and against the Inspector General of Police, despite several letters and request by the applicant to the respondent for consent to enforce the said judgment.
That having refused to grant consent without any reason, the applicant sought the court prerogative order of mandamus compelling the respondent to grant the applicant consent to enforce the judgment of August 29, 2022.
That despite the fact that the order of mandamus has long been served on the respondent since October 10, 2023, the respondent has in contravention and disobedience neglected, refused and/or failed to comply with the express, clear and unambiqous order of the court, more than six weeks of service of the order on the respondent.
Attached to the motion are an affidavit deposed by the applicant, exhibits and a written address.