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LogoDaily Independent Online.         * Friday,July 16, 2004.

FG challenges NLC on contempt charge

By Rotimi Fadeyi

Senior Correspondent, Abuja

The Federal Government has challenged the jurisdiction of the Federal High Court to entertain the contempt charge initiated by the Nigeria Labour Congress (NLC), saying the process was incompetent.

In the notice of preliminary objection to the charge, government also said that the attorney-general of the federation cannot be subject to an order of committal being sought by the NLC

But in a swift reaction, the NLC has also filed an objection to that of the government, saying the plaintiffs are not competent to seek any relief of the court without complying with valid and subsisting order of court.

It had also taken further steps in the contempt case by filing form 49 that is a notice on the attorney-general to show cause why an order of committal should not be made against him for alleged disobedience to the February 9 order of the court that the government should revert to N38 per litre of fuel.

A litre of fuel now sells for between N43 and N45.

At the resumed hearing of the matter on Thursday, counsel to NLC, Mr. Femi Falana told the Chief Judge of the court, Justice Roseline Ukeje, that he had filed a preliminary objection to the preliminary objection of the government challenging the contempt proceedings started by the NLC.

According to Falana, government cannot be heard because it was in contempt of the court order, saying that until it government obeyed the February 9 order of the court, it cannot ask for any relief.

But government counsel, Afe Babalola (SAN), said the contempt papers were not properly served on the attorney-general as the court papers were served on a clerk in the ministry of justice.

He also argued that what was before the court was for adoption of address on the matter and not the issue of contempt. Falana however disagreed with Babalola and said the issue of contempt be taken first before any other matter.

 

 

 

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