Contempt: Appeal court grants stay of execution against BPE DG

The Court of Appeal, Abuja Division has ordered an immediate stay of execution of the Committal Order of Justice A.I. Chikere of the Federal High Court Abuja which ordered that Mr. Alex A. Okoh, DG, Bureau for Public Enterprise (BPE) be remanded in prison custody for a minimum of 30 days for contempt of court.

A statement by the spokesperson for the BPE, Amina Tukur Othman, said the court gave the order on Monday, in Appeal case number: CA/A/117/M/2019.

The Appeal Court, presided over by Justice S. J. Adah, Justice R. M. Abdulahi and Justice M. B. Idris as members of the Panel, directed all the parties to maintain status quo ante pending the hearing and determination of the motion fixed for January 20, 2020.

The restraining order read in part: “An order restraining the  respondent, the Chief Registrar of the Federal High Court, Abuja, their servants, agents, law enforcement agents and persons acting for or on behalf of the respondent  from enforcing, attempting to enforce arrest or imprisoning of the 2nd Respondent/Applicant pursuant to the ruling/committal order of the Federal High Court, Abuja, Coram Chikere J. dated 17th December, 2019 in the suit No: FHC/ABJ/CS/583/2004 BFI Group Corporation v Bureau of Public Enterprises, pending the hearing and determination of the motion on notice filed by the Appellants/Applicants.”

It would be recalled that 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 said it had at all times complied with all judgements in respect of ALSCON.

However, “BFIG has consistently failed to meet its financial commitments as directed by the courts to pay the bid price of USD$410 million as submitted by BFIG in 2004,” the statement said.