Lawyer Asks Court To Commit CNS To Prison For Contempt Of Court

SAN FRANCISCO, July 28, (THEWILL) – The newly-appointed Chief of Naval Staff (CNS) risked being jailed for allegedly disobeying a court judgment, as a Warri-based lawyer, Mr Obefemi Ainerua, has filed an order of committal against him at the Federal High Court in Warri, Delta state.

THEWILL recalled that Kuti had dragged the Economic and Financial Crimes Commission (EFCC) and the Nigerian Navy to court as 1st and 2nd respondents respectively in a Suit No: FHC/WR/CS/124/ over the confiscation of the MT Jochebed by the Nigerian Navy Ship (NNS Delta) after it was stolen from the owner by suspected sea pirates in the creeks.

The suit was filed on Nov. 26, 2014 before the Federal High Court in Warri.

The applicant had prayed the court to order the respondents to release his vessel seized on Oct. 12, 2014 on bond or unconditionally.

Counsel to the plaintiff, Ainerua, told our correspondent that the motion to appear in court was served on the respondents, adding that the 2nd respondent(Nigerian Navy) did not deem it fit to appear in court during the hearing of the motion.

Presiding judge of Federal High Court, Justice Abubakar Shittu, had in a judgment delivered on Feb. 4, 2015 ordered the Nigerian Navy to release the vessel christened MT Jochebed with registration No: 377874 and IMO NO: 7388578 to the owner, Kuti Ltd on bond or reasonable conditions.

Shittu also ordered that any petroleum products that may be laden on the vessel should be discharged into the custody of the EFCC.

Ainerua, counsel to the plaintiff, said that consequent upon court's judgment, the applicant wrote a letter dated May 15th to the CNS requesting for the immediate release of the vessel pursuant to the judgment.

He said the 1st respondent (EFCC) ordered the applicant to provide responsible person to take the vessel on bond adding that the 2nd respondent (Nigerian Navy) bluntly refused to honour the legal advice.

“Upon the contemptuous refusal of the 2nd respondent to obey the judgment, the applicant filed Notice of Consequences of Disobedience of order of court and served on him (CNS) through its agents and surrogates.

“The Respondent has even gone ahead with the willful disobedience of the order of the court by willfully and contemptuously refusing and neglecting the release of the Vessel MT Jochebed.

“It is our humble submission that this is a wanton and grave disobedience of the valid and subsisting orders of this honourable court, this is contempt of this honourable court,” he said.

Ainerua said it was duty-bound for any individual to obey the order of any competent court unless such order was discharged.

“It is the plain and unqualified obligation of every person against, or in respect of whom an order is made by a court of competent jurisdiction to obey it unless that order is discharged.

“The uncompromising nature of this obligation is shown by the fact that it extends even to cases where the person affected by an order believes it to be irregular or void,”Ainerua said.