Ladipo Sanusi/
A Federal High Court, in Lagos has ordered that the Managing Director of Nigeria Railway Corporation (NRC), Mr. Fidet Okhiria, be remanded in prison custody for three months for contempt of court.
The court presided over by Justice Cecilia Mojisola Olatoregun, ordered Okhiria to be remanded following his perpetual and continual refusal to appear before the Court despite several summons.
Justice Olatoregun said: “I have looked at the various affidavits placed before the Court and have examined the papers filed from both sides. The contemnor in particular continued to disobey the law, even if he did not have the notice between February and March till date he ought to have been guided by his lawyer.
“He has not given reason to disobey court. He treated the court order with levity. I am left with no option than to convict him.
“I hereby sentence him to three months imprisonment.”
The Judge further ordered that the convict should be in custody till September 25, 2018, when the case will continue.
Okhiria had through his lawyer sometime in March 2018 informed the Court that he was out of the country on official assignment and the Court did ordered him to show evidence of being on official assignment outside the country as he claimed for his absence in court.
The trial Judge had on February 15, 2018 threatened to order arrest of Mr Okhiria for his perpetual refusal to appear before the Court in (committal proceeding) suit filed against him by the former employee of the Nigeria Railway Corporation, Mr. Benedict O. Iheakam.
The former employee had approached the Court through his counsel, Mr Johnson Esezoobo (counsel to judgment creditor) for an order committing to prison, the MD of the NRC and the Company Secretary/Legal Adviser, Canise Oklahoma for alleged refusal to comply with court order for over 14 years.
Justice Dan Abutu had in a suit marked FHC/L/CS/926/95 had ordered that Iheakam be reinstated to his entitlements paid.
However, at the resumed proceedings after the expiration of a week ultimatum given by the Court, counsel to the Railway MD (Okhiria) Mr. Opeyemi Igbayiloye (counsel to the 2nd respondent judgment debtor) informed the Court of his application (Affidavit to Show cause) dated February 21,2018.
Esezoobo (counsel to judgment creditor) told the Court he needed to file response to the application.
Igbayiloye said his 13 paragraph affidavit to show cause was sworn to by one Obiorah Emedolibe, stated “that initial non-compliance immediately was not deliberate nor attributable to the act or inaction of Engineer Okhiria, but due to the misplacement of the judgment creditor’s personnel file, the retrenchment, retirement and or death of key staff conversant with the suit and the bureaucracy usually associated with the civil service.
Emedolibe, who is the secretary of the NRC also averred that “Okhiria travelled out of the country to China on official duty since February 7, 2018, as part of Federal Government team on fund sourcing for the Railway Modernization projects”.
Justice Olatoregun, therefore, ordered Okhiria to show evidence, exhibiting his travelling document such as his international Passport, flight ticket and Visa on the next adjourned date.
She subsequently adjourned till March 9, 2018.
At the last proceedings, the Court directed Okhiria to show cause why he did not comply with court order.
Justice Olatoregun asked if Okihiria was bigger than the law.
“Order of the Court must always be obeyed. He must not show himself to be above the law. Is he too big to appear in court? I give him a week to obey court,” she said.
She therefore adjourned till February 21, 2018 for him to appear in court.
Justice Abutu had declared in a judgment delivered on February 18, 2003, that Iheakam, a Principal Technical Officer’s purported retirement letter dated November 1, 1994 is contrary to the contract of employment and is therefore unlawful, null and void.
But, since February 18, 2003 the management of NRC refused to reinstate the plaintiff nor pay his entitlements, notwithstanding that they lost in all their applications to appeal the judgment from 2005 to 2014 when the last application was struck out for incompetence.
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