Court frowns at appeal to stall obedience to court order

A Federal High Court in Abuja has frowned at the Independent Corrupt Practices Commission’s (ICPC) alleged use of notice of appeal to stall the suit seeking to unfreeze bank accounts belonging to a firm. Justice Binta Nyako had on March 5, 2019, directed ICPC to unfreeze the accounts and assets of Blaid Construction Limited and […]

A Federal High Court in Abuja has frowned at the Independent Corrupt Practices Commission’s (ICPC) alleged use of notice of appeal to stall the suit seeking to unfreeze bank accounts belonging to a firm.

Justice Binta Nyako had on March 5, 2019, directed ICPC to unfreeze the accounts and assets of Blaid Construction Limited and its Director, Mrs. Ochuko Momoh.

But at the resumed hearing of the matter on Thursday, counsel to the firm, Ade Adedeji (SAN), informed the court that rather than comply with the court’s order, the ICPC filed a notice of appeal with the intention to tie the court’s hands and stall the hearing of the case.

Adedeji argued that the mere filing of a notice of appeal by a party did not act as a stay of proceeding or an avenue to hide to disobey the order of court.

“It is important that the court protects its integrity by insisting that its order must be obeyed before they (ICPC) can be heard. It goes to the issue of rule of law,” he said.

Responding, ICPC’s lawyer, E.C. Otti, denied Adedeji’s allegations and insisted that his client was constrained in obeying the court’s order to release the money in the banks.

Otti argued that Section 45 of the ICPC Act, 2000, allowed the commission to freeze accounts for 12 months without any court order.

Ruling on the issue, Justice Nyako insisted that the ICPC ought to obey the court’s order first and seek any relief from court later.

“The plaintiffs are to maintain status quo in respect of the affected accounts. Salaries can be paid out of the accounts, and nothing more,” Nyako ruled.