Godwin Tsa, Abuja

The Abuja division of the Federal High Court on Tuesday, ordered the Director-General of the Bureau of Public Enterprises (BPE), Alex Okoh, to be remanded in prison for a minimum of 30 days for flagrant disobedience of court order. 

Justice Anwuri Chikere accused Mr Okoh of disobedience of the order of the Supreme Court bordering on the ownership controversy of the Aluminium Smelter Company of Nigeria (ALSCON).

She ruled that the continued disobedience of the order of the Supreme Court was a fundamental violation of the rule of law, in a manner that has portrayed the government as lawless.

ALSCON, located at Ikot Abasi in Akwa Ibom State, has been the subject of an ownership struggle since the government privatised the firm in 2004. Russia’s Rusal is claiming  ownership of the company while indigenous BFIG won a Supreme Court ruling backing its ownership claim.

However, in  spite of multiple court rulings, the Nigerian government, represented by the privatisation agency, BPE, refused to transfer ownership of the firm to BFIG.

While BFIG won the initial bid in 2004, the BPE cancelled the process in controversial circumstances.

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BFIG launched a legal battle to reclaim ALSCON with the Supreme Court ruling in its favour on July 6, 2012.

Lower courts have since given rulings seeking to compel compliance with the Supreme Court ruling.

However, on April 2019, BFIG initiated contempt proceedings against the BPE and the Director-General, Mr. Okoh which culminated in yesterday’s verdict against the agency.

Meanwhile, in its reaction to the court ruling,  the Bureau of Public Enterprises (BPE) said it has filed a motion for stay of execution and Notice of Appeal against the judgment delivered yesterday, by Justice A. I Chikere of the Federal High Court Abuja against BPE and its Director General, Mr. Alex A. Okoh in a case between BFIG and the Bureau.

A committal proceeding was instituted against BPE and Mr. Alex A. Okoh, DG, BPE following an allegation that the BPE failed to fully execute the judgment of the Supreme Court of Nigeria and Court of Appeal in the matter of BFIG v. BPE.

The Bureau had at all times complied with all judgments in respect of ALSCON. However, BFIG has serially defaulted in meeting its financial commitments as directed by the courts to pay the bid price of USD$410 million as submitted by BFIG in 2004.

The Federal Government is committed to economic development through privatisation and putting its assets to optimal use through the course of fairness and due process.