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ALSCON: Court docket Frees Alex Okoh of Contempt Fees in BPE, BFIG Tango
Former Director-Basic of the Bureau of Public Enterprises (BPE), Mr. Alex Okoh, has been acquitted of contempt costs in a authorized dispute between the company and BFIG over the possession and operation of Aluminium Smelter Firm of Nigeria (ALSCON), situated in Ikot Abasi, Akwa Ibom State.
A Federal Excessive Court docket sitting in Abuja held that there was no foundation to carry him in contempt and commital over the dispute.
Okoh, who was relieved of his place as head of BPE in January 2024, had battled contempt costs and commital rulings by courts as much as the Supreme Court docket.
It began in December 2019, when Anwuli Chikere, decide of a Federal Excessive Court docket in Abuja, ordered his arrest and imprisonment, after accusing him of disobedience of the Supreme Court docket order over the possession controversy ALSCON.
However, one other Federal Excessive Court docket in Abuja, presided over by Justice D.U. Okorowo, has now upheld Okoh’s request for dismissal and discharge of the contempt/committal and all costs thereof, in Go well with Quantity FHC/ABJ/CS/583/2004 between BFI Group Company (judgment creditor/respondent) and BPE (judgment debtor/respondent.
Okoh, who approached the Federal Excessive Court docket with the yoke of a contemnor, nonetheless, secured the discharge as contained in an enrolled order issued by the courtroom on Friday April 5, 2024.
In line with a press release personally signed by Mr. Okoh, the order by the decide (Justice Okorowo), was a sequel to a movement on discover dated and filed on March 12, 2024, praying the Court docket to direct that the contemnor/applicant (Alex Okoh) be discharged.
Within the ruling, the decide mentioned he listened to the movement moved by Mrs J.O. Adesina (SAN) and others for Okoh, and the response by the opponent’s attorneys led by P.I.N Ikwueto (SAN) for the judgment creditor/respondent who he mentioned didn’t oppose the applying.
“It’s additional ordered that within the mild of the submission of judgment creditor/respondent counsel and to uphold the majesty of the Court docket particularly the choice of the apex courtroom on the whole judgment that led to the contempt proceedings that BPE are responsibility sure to proceed to totally abide by the order handed down by the Supreme Court docket in attraction quantity SC/12/2004 by satisfying the mentioned judgment.”
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The decide mentioned the ruling from the apex courtroom affecting this case is the place the Supreme Court docket gave an order restraining the BPE, their servants, brokers, privies, administration or nonetheless known as from ‘Negotiating to promote, promoting, transferring or in any other case handing over the Aluminum Smelter Firm Nigeria Restricted (ALSCON) to any particular person in violation of the contract between the BPE and BFIG,” the assertion learn partly.
Whereas Okoh was not the BPE boss when the transaction was executed in 2004/06, he was additionally not in workplace when the Supreme Court docket judgment was delivered in 2012.
“The judgment of April 5, 2024, has thus cleared him of the contempt entanglements regarding ALSCON, BPE and BFIG,” the assertion learn partly.
Okoh was appointed DG of BPE on April 13, 2017, 5 years after the mentioned ruling of the Supreme Court docket, and was relieved of the place on January 8, 2024, three weeks earlier than the contempt ruling of January 26, 2024.
In 2013, the federal authorities cancelled the sale of ALSCON, to BFIGroup Company.
The BPE introduced the directive of the Nationwide Council on Privatisation, NCP, to terminate the supply to BFI Group Company for the acquisition of 77.5 per cent of ALSCON.
The BPE in a press release by its then Head, Public Communications, Chigbo Anichebe, mentioned the choice adopted BFIG’s lack of ability to pay the agreed 10 per cent of the supply value inside 15 working days of the execution of the Share/Gross sales Buy Settlement, SPA, as directed by the Supreme Court docket of Nigeria.
Nevertheless, BFIG Chairman, Reuben Jaja, had countered authorities motion through NCP which he mentioned quantities to a violation of the July 6, 2012 order of the Supreme Court docket, which granted perpetual injunction restraining any act by any company of presidency in opposition to the contract till all the problems that resulted within the disaster are resolved.
The BPE is the Federal Authorities company charged with financial reforms particularly the privatisation and commercialisation of government-owned enterprises within the nation.
BPE additionally serves because the secretariat of the Nationwide Council on Privatization (NCP), however the DG is alleged to not be in any capability to take such selections as regards sale or concession of Federal Property as such selections relaxation by legislation on the NCP which is chaired by the Vice President.
Recall that the authorized battle between BPE and BFIG dates again to 2003 when the Nationwide Council on Privatisation (NCP) authorized the graduation of the privatization course of for ALSCON.
