National Industrial Court (NIC)
has granted permission for the filing of contempt of court charge against
Minister of Defence, Maj. Gen. Bashir Magashi (rtd.) and the Permanent
Secretary, Ministry of Defence (MOD), Ms. Nuraitu Batagarawa.
This followed their alleged
refusal to comply with a valid order of the court.
Magashi and Batagarawa by virtue
of their positions are the chairman and secretary of the Nigerian Army Council,
respectively.
The duo risk two years
imprisonment if found guilty.
The application against them was
filed by Lt. Col. Abdulfatai Mohammed (rtd), who was forcefully retired from
the Army in 2016 alongside 37 other senior officers.
Mohammed’s court victory was the
seventh the officers have secured against either the Nigerian Army, Defence
Headquarters or Ministry of Defence. Most have not been complied with.
Delivering judgment against
Magashi and Batagarawa, Justice R. B. Haastrup of the NIC permitted Mohammed
“to commence a contempt proceeding against the chairman and secretary of the
Nigerian Army Council”.
Haastrup relied on provisions of
the Sheriffs and Civil Process Act of 2004 and the Judgment (Enforcement)
Rules.
NIC found that the right to a
fair hearing was violated since the Army’s rules require that dismissals be
based on indictments, queries, or the rulings of a court martial.
The latest ruling was similar to
the one delivered by Justice Edith Agbakoba against the Chief of Defence Staff
(CDS), Gen. Abayomi Olonisakin.
Olonisakin has allegedly refused
to transmit the applicant’s appeal for administrative redress to the president
as required by law.
The same judge ordered the
reinstatement of Maj. Gen. Ijioma Nwokoro Ijioma (rtd).
this is laughable, is it in this same Nigeria that nothing works that a minister will go to prison? all cuz of contempt of court, yimu... let's see how it all plays out
ReplyDeleteAs court pleased it
ReplyDelete