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Daily 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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