From Aloysius Attah, Onitsha
Proprietor of New Divine Favour Pharmaceutical Industries Limited, Mr. Franklin Ifeanyi Okeke, based in Onitsha, Anambra state is likely heading to the prison to serve a jail term as may be prescribed by the court.
This followed a contempt proceeding (Form 49) slammed against him by another Onitsha based business mogul, Chief Mike Emerah, for disobeying three separate court orders in connection with the control and management of Nwugo motor park at Upper Iweka axis in the commercial city of Onitsha.
Justice J I Nweze, the Administrative Judge of Onitsha Judicial Division who is the trial judge of the contempt proceeding, granted Emerah’s prayer to serve the contemnor, Franklin Ifeanyi Okeke by substituted means all the processes in the committal proceedings comprising the originating summons, Form 49, motion on notice, affidavit in support and written address meant for service on the contemnor.
Specifically, Justice Nweze granted that all the aforesaid processes be pasted at Franklin Ifeanyi Okeke’s entrance gate at No. 48 Otigba Crescent, GRA, Onitsha, Onitsha North Local Government Area, Anambra state.
Justice Nweze who granted the order after hearing Emerah’s legal counsel, Olisa Edeh Esq. from the Chambers of O J Nnadi SAN, fixed September 23, 2022 as hearing date for the committal proceedings.
Emerah, Managing Director of Macdon Group of Companies had filed a Motion ex-parte brought pursuant to Order 8, Rules 4, Order 40, Rule 1 (1) and ,(2) of the High Court (Civil Procedure) Rules of Anambra state, 2019; Section 6(6)(a) of the1999 Constitution (as amended) and under the inherent jurisdiction of the court, seeking to commit the contemnor to prison for flouting court orders.
The motion was accompanied by a 13 paragraph affidavit sworn to by Chief Mike Emerah himself with his written address dated and filed on June 23, 2022, praying for a substituted means of serving the contemnor, Franklin Ifeanyi Okeke with all the aforesaid processes.
In his Motion on Notice, brought pursuant to Section 72 of the Sheriffs and Civil Process Act LFN, 2004, Order 9, Rules 13 of the judgement (Enforcement) Rules, Chief Emerah prayed the court to commit the contemnor to prison for having disobeyed the order of the court made on December 20, 2001 that the contemnor, his co-officers of Nwugo branch of the Luxury Bus Owners Association of Nigeria, LUBOAN are hereby restrained from in any way interfering with the right of Chief Mike Emerah to manage the affairs of the national body of LUBOAN at Nwugo Park or interfering with Emerah’s right to collect dues due to the national body of LUBOAN, pending the determination of the substantive suit or until otherwise ordered.
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Also in an affidavit in support of the motion on notice he sworn to, Chief Mike Emerah contended that inspite of the first order made by Justice Paul Obidigwe on December 20, 2001; the second order made by Justice Nweze in 2005; the third order made by Justice Chinwe Iyizoba on December 12, 2008 all pointing to the fact that only Chief Mike Emerah is authorized to manage Nwugo Park and collect revenue on behalf of LUBOAN, the contemnor, Okeke is still collecting revenues at the said Nwugo park, having forced himself into the park.
Emerah also tendered an order from the Inspector-General of Police, IGP based on legal advice from the police legal department, Force Headquarters, Abuja and another legal advice from the Attorney-General of the Federation, AGF, Abuja and a caveat emptor published in a national daily all marked as Exhibits before the court to buttress his point that he is the only authorized person to manage the Nwugo park.
Justices Abubakar Jega Abdul-Kadir, Ayobode Olujimi Lokulo-Sodipe and Isaiah Olufemi Akeju of the Court of Appeal, Enugu Judicial Division had on Wednesday, January 9, 2013 in Appeal No. CA/E/161/2005, in a unanimous judgements, struck out an appeal filed by LUBOAN against the order of interlocutory injunction made on December 12, 2001 by Justice Paul Obidigwe of Anambra state High Court sitting at Onitsha and awarded N30,000 cost in favour of Chief Mike Emerah against the Appellant.
The Appeal court also dismissed for lacking in merit a Federal High court suit No. FHC/EN/CS/362/2001 filed by Ugochukwu and Sons who claimed to be the owners of Nwugo park and seeking to stop Chief Mike Emerah from controlling and managing the park.
The Appellate court therefore restrained the defendants/respondents, their agents or privies from disturbing, harassing, inhibiting or in any other manner whatsoever interfering with the plaintiffs/applicants in the management of the Nwugo park, until the vacation of the order of the lower courts.