Group seeks Okonjo-Iweala jailed over contempt of court

Ngozi Okonjo Iweala

WorldStage Newsonline-- A group, Centre for Social Justice (CSJ) on Wednesday urged the Federal High Court in Abuja to order the imprisonment of Finance Minister, Ngozi Okonjo-Iweala over failure to obey a February 25, 2014 judgment of the court, directing her to provide details of statutory disbursement to some federal agencies.

The request was made by the group’s lawyer, Kingsley Nnajika who argued its motion for committal (Form 49) filed against the minister.

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 (NJC), Niger-Delta Development Commission (NNDC), Universal Basic Education Commission (UBEC), National Assembly, Independent National Electoral Commission (INEC) and the National Human Rights Commission (NHRC).

In his judgement in the suit marked: FHC/ABJ/CS/301/2013 on February 25, 2014, Justice Abdulkadir Abdulkafarati upheld CSJ's claim and ordered the Finance Minister to among others, supply the information requested by the applicant.

Despite being served with the court's judgment and enrolled orders made pursuant to 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).

Moving the Form 49 yesterday, Nnajika argued that the orders of the court were unambiguous in relation to the directive for the minister to supply it with its requested information.

He said it was a disobedience to the court's directive when the minister argued, in her affidavit of compliance, that she had written to the named agencies and and supplied acknowledgment copies of such letters.

"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 comply with the order of the court," Nnajika said.

Respondent's lawyer, Abdulhameed Ibrahim urged the court not to grant CSJ's request on the ground that the minister did not deliberately disobey the court's order.

He said the information requested by the applicant were not within the direct reach of the minister, which informed the letters written to the affected agencies.

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," Ibrahim said.

Justice Abdulkafarati fixed ruling for June 3, 2015.