From Godwin Tsa, Abuja
Justice Donatus Okorowo If the Federal High Court has insisted that the Inspector General of Police and Effiong Asuquo, an Assistant Commissioner of Police (ACP), in charge of the Special Investigation Unit (S.I.U.), purge themselves of contempt by complying with the order of his court directing them to produce the detained Manager of Polaris Bank, Hezekiah Chinenye Duru in court.
The judge had in his order dated January 5, 2024, ordered the unconditional release of Mr Duru, who has been in police custody since December 11, 2023, pending the determination of the originating summons filed against the respondents.
However, on January 15 when the case came up for hearing, the police authorities failed to comply with the order of the court as the applicant, Duru was not produced in court.
Consequently, counsel to the applicant, Chukwuemeka Kalu filed form 48, (which is the notice for consequences of disobedience to a court order), dated January 12.
Kalu informed the court that the respondents were in flagrant disobedience to its order.
The said form 48 reads: “Take notice that unless you obey the direction contained in the order, you will be guilty of contempt of court and will be liable to be committed to prison.”
Justice Okorowo had after listening to counsel to the applicant, ordered that the process including the originating summons be served on the respondents and adjourned the case to Thursday, January 18, for a report of service.
But when the case was called on Thursday, counsel to the applicant, Kalu informed the court that the Police (2nd respondent); the Inspector General of Police (3rd respondent), and ACP Asuquo (7th respondent); were in disobedience of the order of the court by not producing the applicant in court.
Responding, Samuel Mallum, who appeared for the 2nd, 3rd, and 7th informed the court that his clients have filed a counter affidavit of facts against the issuance of form 48.
They claimed that the applicant who is in their custody on account of an ongoing investigation of an alleged N16.500 billion fraud, was granted bail but is yet to fulfil the bail conditions.
But Justice Okorowo who was not pleased with the development asked; “where is the person you were asked to produce in court?
” The court has granted him bail and he has fulfilled the bail conditions. Between the bail granted the applicant by the police and the court, which one is superior?”
Responding, Mallum admitted that the bail given by the court was superior to that of the police.
Justice Okorowo then said: “You have to purge yourself of contempt of court. As a minister in the temple of justice, what impression are you creating for the police. If the police kill the court, then it will not have a place to prosecute people.”
Meanwhile, counsel to the applicant, has proceeded to file form 49 (which is notice for committal); against the respondents.
He is urging the court to commit the respondents to prison for their disobedience to order of court.
Meanwhile, Justice Okorowo had fixed February 1, 2024 for hearing of the originating summons.
According to court documents, the applicant has been having a running battle with his erstwhile spiritual leader, Most Rev. Prof. Onukogu Victor Hezekiah, popularly known as Daddy Hezekiah, Head, Living Christ Mission Church, with headquarters in Onitsha, Anambra State. The banker had served his spiritual leader as his financial adviser and accounts officer.
Trouble between the two men reportedly started when the banker, who was also a top shot of the Living Christ Mission, and some other people decided to leave the church, after expressing discomfort at some unethical developments around the religious group.