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Court orders man’s arrest and detention for refusing to care for his children

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Court orders man’s arrest and detention, says children’s welfare paramount

By Jeph Ajobaju, Chief Copy Editor

A court in Uyo has ordered police to arrest one Henry Edet Unung and detain him at the Uyo Correctional Centre for one month for refusing to care for his three children, despite a previous court order compelling him to discharge his fatherly responsibilities to them.

Judge Ntong Ntong of the Akwa Ibom High Court gave the new order to state Police Commissioner Ayilara Adedamola in a ruling in a suit brought by Unung’s wife and mother of the three children.

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Ntong said the respondent deliberately refused to obey the court order of a brother Judge, Iboro Ukpanah, dated 9 November 2018.

He recounted how the previous “court made an order that the respondent should pay N20,000 monthly as maintenance allowance, including a bag of rice, beans, garri and other food items for his own children, in addition to payment of their school fees, medical needs, clothing and other necessaries.”

Ntong said Unung “bluntly refused to abide by the court order, which amounts to contempt and a wanton disrespect and affront to the majesty of the court.”

He also that “in September 2019, the court ordered the Registrar of the court to issue the respondent with Form 48 pursuant to Order Nine, Rule 13 of the Judgment Enforcement Rules and Section 72 of the Sheriffs and Civil Process Act 2004 reminding him to obey the court order, but the respondent refused to obey.”

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Court has a right to punish whoever disobeys its orders

Ntong described “the conduct of the respondent as satanic” and “he is in gross contempt of the orders of the court and cannot go scot free.

He explained the right of a court to punish whoever disobeys its orders is an inherent and legitimate right, and although the power should be sparingly used, he would make Utung realise the welfare of his own children should not be abandoned.

“The police should keep the father of three in prison custody for one calendar month before he will be brought before the court to purge himself of the contempt.

“By Section 1 of the Child Rights Law 2008 of Akwa Ibom State, any decision taken in any proceedings involving children should be generally made in the best interest of the child or children.”

The court adjourned the case until March 28.

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