Seyi Makinde, the governor of Oyo State, and Oyewole Oyelowo, the state’s attorney general, are accused of disobeying a court order, and the Federal Capital Territory High Court in Abuja has been urged to imprison them.
Egyptian contractors led by Fadi Khalil were also seeking to be imprisoned for allegedly disobeying a court order.
In a committal to prison case on Wednesday, an Abuja-based firm, ENL Consortium Limited claimed that the court’s injunction against Makinde, Oyelowo, and others from July 4, 2022, had not been followed.
In a Form 48 filed against the defendants, the company’s attorney, Bankole Akomolafe, pleaded with Justice Josephine Obanor not to hear from the defendants on any matter until they had cleared themselves of court disobedience.
The court issued an order on July 4, 2022 prohibiting Craneburg Limited, the Oyo State Government, the Oyo State Attorney-General, and an Egyptian, Mr. Fadi Khalil, from interfering with the operations of ENL Consortium in connection with the 32-kilometer Ibadan Circular Road Project that was granted to it in 2017. Akomolafe recalled this to the judge.
He asserted that the ENL Consortium Limited had not been permitted to begin operations after the order had been issued and served on the defendants.
Prof. Taiwo Osipitan, SAN, the attorney for the governor and attorney general, attempted to make a motion during Wednesday’s hearings to discharge and set aside the restraining order against his clients on the grounds that an appeal had been filed against the order at the Court of Appeal.
He requested that the judge step away from the case while the CA/ABJ/CV/973/2022 appeal is being decided.
Partially accepting Osipitan’s argument, Akomolafe concluded that any motion from the defendants is superseded by the contempt allegation against the Governor and AG.
He referenced Supreme Court precedent to argue that the Governor and AG cannot be heard because they are in contempt of court and that the Court’s dignity, honor, and majesty must be preserved by obeying court orders.
Therefore, Akomolafe asked the court for permission to file and serve form 49 against the defendants.
At this point, Osipitan pleaded with Justice Obanor to allow him an adjournment so that he could answer the accusation of contempt in writing.
In a succinct decision, Justice Obanor granted an adjournment until October 28.
In addition, the Judge mandated that all parties uphold the status quo in accordance with the ruling from July 4th.
Through its attorney, Joseph Daudu, SAN, ENL Consortium Limited had sued Craneburg Limited and the Oyo State Government over the claimed unlawful termination of the contract given to it by the late Senator Abiola Ajimobi, the state’s immediate past governor, on a contractor-financed leasing arrangement.
Following a complaint that the Oyo State Government had improperly awarded the road project to Craneburg Company, Justice Obanor issued a stop work order against the company on July 4.
According to the ENL Consortium’s complaint, the contract for the road work was legitimately granted to it on August 25, 2017, under a contractor-financed agreement, and it has been working on the project site ever since, prior to Craneburg Company’s unexpected arrival on the same project site. It might interest you to read Imo removes fourth House of Assembly speaker in three years
Don’t you think this post will be helpful to somebody else? Please share it to others via the social media button below Thanks for reading. Do well to drop your question in the comment box, we will be glad to hear from you.