By Jude-Ken Ojinnaka
The National Industrial Court of Nigeria, Lagos division has ordered the Central Bank of Nigeria (CBN) through its governor Mr Olayemi Cardoso to appear before the court on July 18, 2024 to show cause why it should not be committed to prison for the Bank’s act of disobedience to the order of the court made on March 25, 2019.
The order for the CBN through its governor to appear in court was made by Justice (Prof) Elizabeth A. Oji of the National Industrial Court in the ruling she delivered on Thursday May 16 upon a Motion on Notice filed by Mrs Kehinde Dunmoye against the CBN for refusing /failing to obey the garnishee order absolute made on March 25, 2019 in Suit No NICN/LA/10/M/2017.
In the Motion on Notice filed by Mrs Kehinde Dunmoye (Applicant) against the Central Bank of Nigeria(Respondent), pursuant to order 63 of the 5th National Industrial Court (Civil Procedure) Rules 2017 and the inherent jurisdiction of the court, which was brought with regards to the suit between Mrs Kehinde Dunmoye and United Bank For Africa PLC, Africa Prudential Registrars PLC, Central Bank of Nigeria, the applicant seeks for the following orders :
“Leave of this Honourable Court to commit to prison, the Governor of the Central Bank of Nigeria, Mr Olayemi Cardoso for the failure and persistent refusal of the CBN to obey the Garnishee Order Absolute delivered /made on the 25th of March, 2019on Suit No NICN /LA/10 /M/2017 by the court presided by Justice A.O. Obaseki Osaghae .
“An order of this Honourable Court compelling the Respondent CBN to show cause why its Governor Mr Olayemi Cardoso should not be committed to prison as a consequence of its disobedience to the Garnishee Order Absolute delivered /made on the 25th of March, 2019 in Suit No NICN /La/10 /M/2017 by the Honourable court presided by Justice A.O. Obaseki Osaghae.
“An order of the court committing the Governor of CBN Mr Olayemi Cardoso to prison for contempt of this Honourable Court “
“And for any order or other orders as the court may deem fit to make in the circumstances of the case “
After going through the processes filed, arguments canvassed by parties and plethora of authorities cited, Justice Elizabeth Oji said that from the authorities cited, court did not see the justification for the Respondent (CBN) to disrespect to the courts of this country.
The court agreed with the Applicant’s argument that it portends danger for the society if the orders that emanate from judicial processes are flagrantly disobeyed. “It is worse coming from such a high public office. It certainly sends the wrong signal”
The court agreed with the applicant that the conduct of the Respondent throughout is one calculated to bring the authority of law into disrespect.
“I agree that there has been contempt of court by the Respondent.
“This application has merit and the ego succeeds. I agree that forms 48 and 49 should be issued and served on the Respondent as suggested by the applicant”
“The court held that the Respondent CBN is in contempt of the orders of this court. It’s governor Mr Olayemi Cardoso is bound to be committed to prison for the failure and persistent refusal of the CBN to obey the Garnishee Order Absolute delivered /made on the 25th of March, 2019 in Suit No NICN /LA/10/M/2017 by the court presided by Justice A.O. Obaseki Osaghae.
Granting the order of the applicant against the CBN governor as prayed, Justice Elizabeth Oji made the order as follows :
“The Respondent is ordered to show cause why it, through its governor Mr Olayemi Cardoso should not be committed to prison as a consequence of its disobedience to the Garnishee Order Absolute delivered /made on the 25th of March, 2019, in Suit No. NICN /LA/10 /M/2017 by the court presided by Justice A.O. Obaseki Osaghae.
“The Respondent is ordered to appear before this court on 18th July 2024 to show cause why it should not be committed to prison through its governor Mr Olayemi Cardoso for the Respondent’s act of disobedience to the order of court.
“Service of this ruling, the order absolute of 25th of March 2019 and forms 48 and 49 are to be served on the Respondent.
“This case is adjourned to 18th July, 2024” the court ruled.