Saturday 13 December 2014

Contempt charge: Obasanjo runs to Appeal Court

curtFormer President Olusegun Obasanjo has appealed the contempt of court threat and injunction granted against him by Justice Valentine Ashi of the Abuja High Court.
The court had also ordered the confiscation of Obasanjo’s new book, “My Watch,” for disobeying an earlier injunction restraining its publication.
Last Friday, Justice Ashi stopped Obasanjo from publishing the book, but he went ahead to present it to the public on Tuesday.
Consequently, the Judge on Wednesday further ruled that Obasanjo was guilty of contempt of court and gave him 21 days to file a reply on why he should not be sanctioned for disobeying its order.
But Obasanjo, through his legal team, led by Gboyega Oyewole yesterday filed an appeal at the Appeal Court, Abuja, challenging the orders of the court, declaring that the judge erred in all his conducts.
Obasanjo, who hinged his appeal on 10 grounds, asked the court to set aside the ruling of the lower court and also sought for the reassignment of the substantive suit to another Judge.
In the appeal with Suit No. CV/472/14, copy which was made available to newsmen in Abeokuta, the counsel contended that Obasanjo was dissatisfied with the ruling of the High Court.
The former President argued that the judge neglected affidavit evidence before giving the order.
It further backed with particulars, stating that, “There was undisputed affidavit evidence that the defendant’s book “My Watch” had been published and released to the public before the interlocutory order.
 “The plaintiff never alluded to this fact in his affidavit before the court. It is settled law that an Injunction does not lie to restrain a completed act. His Lordship failed and/or neglected to allude to the affidavit evidence before making the interlocutory order.
 On the second ground, Obasanjo said, “the learned trial Judge erred in law and exercised its discretion wrongfully in granting the Orders of Interlocutory Injunction subject of this appeal against the Defendant restraining him from publishing his book “My Watch” or publishing his letter subject of the suit in the said book.”
He also told the appeal court that the plaintiff failed or neglected to produce the offending part of the book to warrant the order adding that no part of the book was libelous to the Plaintiff.
The document further stated, “His Lordship was presented with mere speculations by the Plaintiff to justify the making of the order.
“Injunction ought not to have been granted by the honourable judge when it is clear that there are no facts to sustain it.
“The honourable court thereby exercised its discretion injudicially and injudiciously by making the order of injunction against the defendant,” he said.

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