From Godwin Tsa, Abuja
Justice Donatus Okorowo of 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 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 yesterday, for a report of service.
But when the case was called yesterday, 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 second, third, and seventh respondents, 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 was 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?”