The Commandant General of the Nigeria Security and Civil Defence Corps, Abdullahi Gana Muhammed, and the corps Commandant in Osun State, Philip Olusola Ayodele, may be sent to prison if they fail to appear before Justice M.A. Onyetenu of the Federal High Court sitting in Osogbo on May 10, 2017.
Muhammed and Ayodele are to explain to the court on this date why they failed to release two diesel filled trucks in their possession to its owners after a judgement to that effect.
Some NSCDC operatives had seized two trucks laden with diesel in 2013 before the court ruled that they should be released to their owners. But the Civil Defence authorities had since shunned the court’s order.
The Federal High Court in Osogbo presided over by Justice Babs Kuewumi had on October 4, 2016, delivered a judgement discharging and acquitting the drivers of the two trucks and also ordered that the seized trucks and its contents released to their owners.
After the expiration of the three months mandatory time within which the corps could appeal the court’s order, the owners of the trucks approached the court for an order for the Civil Defence to release the trucks since the NSDCD had failed to appeal the court judgement.
This development prompted the court to issue a notice to the corps top brass to appear before it and explain why they should not be jailed for disobeying the order of the court.
The notice entitled,”Form 49- Notice to show cause why an order of committal to prison should not be made,” has Christopher Goodluck, Amos Afewe and Sunny Success Service (SSS Oil and Gas) as applicants in the case.
The notice signed by the court’s registrar on March 15, 2017 and served on Muhammed and Ayodele through a national daily, reads in part, “Take notice that the applicants will on the 4th day of April 2017 at the hour of 9.0 clock in the forenoon apply to this honourable court for an order for your committal to prison, for having disobeyed the order of this honourable court made on the 4th of October, 2016, requiring you to release two MAC trucks with Reg. nos. XD 147 NWR and APP 44XD Lagos with their contents to the applicants and despite the service of form 48 (Notice of Consequences of Disobedience to court order) on you on the 9th March, 2017.”
But when the case came up on Tuesday, Muhammed and Ayodele were absent from the court. Their counsel, S. B. Basambo, however, apologised to the court for their absence, saying that the NSCDC commandant general had travelled abroad.
Basambo then appealed to the court to adjourn the matter in order for the defendants to be in court and explain why they had not been able to release the seized items to their owners.
The applicants’ counsel, Dele Uche Igbiniedion, did not oppose this application. The Presiding Judge, Justice Onyetenu, however, adjourned the case till May 10, 2017, for the Civil Defence chiefs to appear before the court to explain why should not be committed to prison for contempt.