A group, Centre for Social Justice, on Wednesday urged
a Federal High Court in Abuja to send the Minister of Finance
and Coordinating Minister for the Economy, Ngozi Okonjo-
Iweala, to jail for contempt of court.
CSJ, through its counsel, Kingsley Nnajika, urged the presiding
judge, Justice Abdulkadir Abdu-Kafarati to jail the minister for
disobeying the court’s judgment delivered on February 25,
2014, directing her to provide details of statutory
disbursement to some federal agencies.
Nnajika was arguing its application for committal (Form 49)
which he filed against Okonjo-Iweala following the alleged
disobedience of the order of court.
Justice Abdulkafarati fixed ruling on the CSJ’s prayer for June
3.
Nnajika urged Justice Abdu-Kafarati to commit Okonjo-
Iweala as the orders of the court were unambiguous in
relation to the directive for the minister to supply it with its
requested information.
He faulted the claim by the minister, who he said had in her
affidavit of compliance, that she had written to the named
agencies.
The lawyer said, “The order did not say the respondent (the
minister) should give us acknowledgment copies of letters
written to the agencies. The case lasted about one and half
years.
“The respondent never said she had no access to the
information we requested. Having failed to comply with the
order, the court is left with no option than to make an order,
based on our Form 49 already filed, committing the
respondent (Finance Minister) to prison until she complies
with the order of the court.”
But the minister’s lawyer, Abdulhameed Ibrahim, urged the
court to reject CSJ’s prayer.
He argued that the minister did not disobey the court order
because the information requested by the applicant was not
within the direct reach of the minister.
Ibrahim, in the affidavit of compliance, urged the court to give
mandatory orders, mandating three of the recalcitrant
agencies to comply with the request.
“Three bodies, namely NNDC, NJC and the National Assembly
have refused to accept and acknowledge the request. Only a
court order mandating the other three cooperative bodies will
compel them to furnish the applicant with the necessary
information,” the lawyer said.
CSJ had sued the minister upon her refusal to honour its
request, made under the Freedom of Information (FOI) Act, for
the release of details of statutory transfers in the 2013 budget
to six Federal Government’s agencies.
The agencies include the National Judicial Council, Niger-
Delta Development Commission, Universal Basic Education
Commission, National Assembly, Independent National
Electoral Commission and the National Human Rights
Commission.
Justice Abdu-Kafarati had in his judgement in the suit
marked: FHC/ABJ/CS/301/2013, upheld CSJ’s claim and
ordered the minister to among others, supply the information
requested by the applicant.
The applicant insisted that despite being served with the
court’s judgment and enrolled orders of the judgment, Okonjo-
Iweala declined to obey the judgement, forcing the applicant
to issue Form 48 (notice of consequence of disobedience of
court orders) and Form 49 (motion for order of committal).
