A Lagos State High Court, Igbbosere, yesterday fixed June 4 for hearing in a contempt application against Chief Sarau Bankole, father of former Speaker of the House of Representatives, Dimeji Bankole, and others.
The Nigerian Telecommunications (NITEL) Plc sought to initiate contempt proceedings against West African Aluminum Products Plc and its directors, including Chief Bankole.
They will be incarcerated if is proven that they flouted a valid court order.
NITEL is praying the court to declare that 15, Marina Street, Lagos (NECOM House) is its property and has not been sold.
It is asking for N500 million damages against the defendants for alleged trespass and a perpetual injunction restraining them from having any claim to the house.
But the defendants averred that they bought the property through a third-party liquidator.
The court, on April 11, last year, gave an order of interlocutory injunction restraining the defendants from the property until the suit is determined.
But the defendants, through their agent – Messrs M.I. Okoro and Associates - allegedly wrote a letter to the occupants. They asked the tenants not to pay any rent to the claimant or its agent. This was allegedly done after the interlocutory order had been made.
NITEL, therefore, began contempt proceedings against the defendants. It filed a Form 48, a notice to the court that its order had allegedly been flouted.
The court asked the claimant to put the defendants on notice of the contempt application. It also permitted it to amend its statement of claim.
The amendment showed that the purported sale of NECOM House by a NITEL liquidator was vitiated by fraud.
Justice Agnes Nicol-Clay ruled yesterday that the contempt proceedings have to be concluded before the substantial matter is heard.
She said: “When the issue of contempt is raised, it should be heard first before the court could proceed. It is also important to hear from the contemnor on the issue.
“But because it was not listed today (yesterday), the court will give a date for the contempt issue to be heard.”
Counsel to NITEL, Chief Mamman Osuman (SAN), averred that the trial could not go on until the contempt application is heard.
He said: “This court must …treat the issue of contempt first. The respondent cannot get the indulgence of the court to proceed with the trial when the contemnor has an issue of contempt against him. It is a matter of procedure that the issue of contempt be heard first.”
Defense counsel Wale Akoni (SAN) said the application was not in the court’s list of cases for yesterday. He said it could, therefore, not be considered.
“What we have is a trial. I am surprised that my learned friend is canvassing for a contempt issue when they it was them that brought us to court. But they are now unwilling to allow the trial to continue,” Akoni said.
After the arguments, the judge agreed with Osuman and fixed the date.
via The Nation: http://www.thenationonlineng.net/2011/index.php/news/45273-necom-house%3A-bankole%E2%80%99s-father%2C-others-accused-of-contempt.html
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