Thursday, April 26, 2012

Court Refuses to Stay Proceedings on Maevis, FAAN Suit

By Davidson Iriekpen Thisday.ng

A Federal High Court in Lagos Wednesday rejected a motion filed by the Federal Airports Authority of Nigeria (FAAN) seeking the court  to stay proceedings on the contempt charge filed against its  Managing Director, George Uriesi, over alleged disobedience of court order.

Trial judge, Justice Binta Murtala-Nyako, in her ruling on the matter refused the motion on the ground that courts are expected to guide their integrity jealously.

The judge who adjourned the ruling to May 10, however resolved to take FAAN’s objection alongside the contempt charge at the next adjourned date.

On that date, the court will hear the objection and determine it first before deciding  whether or not to hear the contempt charge.

Maevis, had filed a suit against FAAN over alleged breach of contract for the provision of the Airport Operations Management System platform in four international airports Lagos, Abuja, Kano and Port Harcourt.

The court had ordered that parties should maintain status quo pending
the determination of the case, but it was alleged that FAAN terminated the contract between it and Maevis as against the ruling of the court.

Following FAAN’s  alleged disobedience of the court order,  Maevis through its lawyer, Yemi Osinbajo (SAN), filed a contempt proceeding against FAAN and its management

But FAAN's counsel, Kola Awodein (SAN), urged the court to stay further proceedings in the matter, as he had filed four separate appeals in respect of the matter at the Appeal Court.

Awodein contended that the appeals had been entered, and urged the court to stay further proceedings in respect to the superior court as the matter will go on for hearing at the Appeal Court on Wednesday (April 25).

He also told the court that Maevis had discontinued the contempt proceedings against three other FAAN directors, leaving only Uriesi as the alleged contemnor.

Responding, Maevis’ lawyer, Yemi Osinbajo (SAN), said Awodein’s submissions were meant to confuse the court as he misrepresented the position of the Court of Appeal.

He said there was nothing in respect of stay of proceedings before the Court of Appeal, and that the appeal merely sought to regularise the records of the appeal filed by FAAN.

He had submitted that no valid appeal had been filed by FAAN before the Appeal Court.
According to Osinbajo: “The order of this court has been flagrantly violated by the defendant (FAAN) and there is no appeal against it. What this court is to consider now is the contempt proceedings against the MD of FAAN.”

“Even the four appeals Awodein had claimed to have filed were just meant to stall further proceedings in this matter and none had been validly entered at the Court of Appeal,” Osinbajo explained.

While stressing that the Federal High Court has the jurisdiction to hear the substantive matter as well as the contempt proceedings, Osinbajo urged the court to dismiss FAAN’s application to stay further proceedings in the matter pending the determination of four separate appeals filed by FAAN in respect of the matter at the Lagos division of the Court of Appeal.

When the matter however came up on Monday, the judge had insisted  that the Managing Director of FAAN, George Uriesi must appear in court to face the contempt proceedings filed against him over alleged disobedience of court order.

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