The former Director General, Bureau of Public Enterprises (BPE), Alex Okoh
By Our Reporter
The Supreme Court has upheld the conviction of a former Director General of the Bureau of Public Enterprises (BPE), Alex Okoh, for contempt.
In its judgement on Friday, the Supreme Court affirmed Mr Okoh’s one-month imprisonment for contempt of court.
A five-member panel of the court said there was incontrovertible evidence that the BPE and Mr Okoh disobeyed an earlier order of the Supreme Court stopping the agency from selling the Aluminium Smelter Company of Nigeria (ALSCON) Ltd to any other person or group except the BFI Group Corporation that won the first bid advertised in 2004.
Tijjani Abubakar, in the lead verdict, criticised the conduct of the BPE and its CEO for treating the court’s order with disdain.
Reviewing arguments in the appeal, the judge rejected BPE’s contention that Mr Okoh was not personally served court papers (Forms 48 and 49) in relation to the contempt proceedings.
Forms 48 and 49 lay the foundation for contempt proceedings.
Mr Abubakar noted that the service of the documents on the Secretary of the BPE was sufficient service on Mr Okoh.
He said BPE’s decision to further re-offer ALSCON for sale after the Supreme Court judgment was a flagrant disregard for the court, a contemptuous act.
According to Mr Abubakar, BPE’s invitation for fresh bids after the court’s order “leaves no one in doubt that the appellants indeed flouted the order of the court as handed down in SC/12/2008, particularly the third leg of the order, which perpetually restrained the first appellant (BPE), servants, agents, privies, management or howsoever called from negotiating the sale, selling, transferring or otherwise handing over ALSCON to any other person or persons, in violation of the contract between the BPE and the BFI Group.”
BPE’s contention
The appellant’s lawyer, Chris Uche, a Senior Advocate of Nigeria (SAN), had argued that his client did not flout the court order.
But, Mr Abubakar rejected Mr Uche’s contention, insisting that court orders are meant to be complied with.
“It does not lie in the mouth of the appellant to assert that they have complied with the order of this court when it is evident from the record (of the court) that they acted in utter disregard of the order.
“They treated the order of this court with utter disdain and flagrant disrespect. The conduct of the appellants constitutes blatant disrespect and it is therefore scandalous and shameful.
“It is disgraceful that an agency of government decided to hold the economy of the country hostage. Agencies of government must respect the rules. Nobody in this country is above the law.
“Both the government and the governed are subject to the rule of law.
“The appellants are not at liberty to choose which of the orders of this court to obey and which one to ignore.
“I must say the conduct of the appellants in this case offends the majesty of the law and undermines the dignity of the court.
“By acting in defiance of the order of perpetual injunction handed down by this court, the stage was obviously set for the second appellant’s (Okoh’s) committal to prison,” the judge said.
He said the appeal was unmeritorious before dismissing it.
Subsequently, Mr Abubakar upheld the judgement of the Court of Appeal delivered in January 2022 affirming Mr Okoh’s conviction for contempt.
Also, the court upheld the award of a N10 million cost against the appellants in favour of the respondent (BFI Group).
He ordered that the N10 million cost should be paid personally by Mr Okoh, “in addition to going to prison for contempt.”
