Abdullahi Abubakar V. Alh. Ibrahim Mai’ahu (1993)

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SIMEON ADEBAYO ODUWOLE, J.C.A.

Two motions are involved in this matter. The first which is for committal is sequel to an ex parte order made by this Court on 26/5/93 in CA/K/117M/93 whilst the second is for an order to vacate the said order.

In the first notice for committal, the complaint of the applicant Abdullahi Abubakar is that the order of this Court made on Alhaji Ibrahim Mai’ahu the Chief Registrar of High Court of Justice, Kebbi State on 26/5/93 had been flouted and whereby he prays this Court for-

(i) “An order committing Alhaji Ibrahim Mai’ahu (the Chief Registrar, High Court of Justice, Kebbi State) to prison for contempt of Court in that the said respondent (Alhaji Ibrahim Mai’ahu) has refused, failed and/or neglected to release to the applicant his Peugeot 404 Pick-up Van with Registration No. SO 2666 BA, Engine No. 1269147, Chasis No. 1269147 in flagrant disobedience to the order of this Hon. Court in Appeal No. CA/K/117M/93 made on the 26th day of May, 1993 which order was served upon the said respondent twice on 27th May, 1993 and on 15th June, 1993;

(ii) For such further consequential order or orders as this Hon. Court may deem fit to make in the circumstance.” (Bracket and underlining supplied).

In the supporting affidavit to this first motion for committal the applicant deposed that the respondent Alhaji Ibrahim Mai’ahu the Chief Registrar, High Court of Justice Kebbi State was ordered by this Court on 26/5/93 to release to him his Peugeot 404 Pick-up van but which order the said Chief Registrar has bluntly refused to comply with not only after due service of the said order on him but even after a serious formal complaint concerning the flagrant disobedience of the said order to his Chief Judge. The applicant further deposed in paragraphs 7, 8 & 9 of his affidavit as follows:-

(7) “That I was informed by the respondent on 15th June, 1993 in hausa language when we went to serve him with a copy of the said letter and I verily believe him:-

That neither my counsel nor this honourable Court can force him to release the said Pick-up Van which Registration has been changed from SO 2666 BA to “K823” by one Manu Oro to whom the said vehicle was given by the respondent and that if either my said counsel or this Honourable Court has the power to get the vehicle from them, they (my counsel and this Honourable Court) should come to Birnin Kebbi and collect it.

(8) That I verily believe that I have been prosecuted at the Upper Area Court 1, Birnin Kebbi by the said Manu Oro for my demanding from him how he got my said vehicle and I verily believe that my prosecution and conviction on the 17th June, 1992 was instigated by the respondent (a copy of the Revenue Collector’s Receipt No. 002148 dated 17th June, 1993 being the fine I paid is attached herein and marked as Exhibit “B”).

(9) That the Policemen now threaten me and my aged parents with detention if I do not stop fighting this case and I now live in constant fear and I verily believe that unless restrained by this Honourable Court, I will be constantly detained by either the courts or Police in Kebbi State.”

It is pertinent to note at this juncture that this committal application relates only to the second part of the order granted in favour of the applicant in this Court on 26/5/93. Somehow there is no indication whatsoever that the first part of the said order which directs the Chief Judge of Kebbi State to expedite the hearing of the criminal appeal concerning the applicant has been complied with and yet uptill now neither has any process been set in motion to enforce that part of the order and more so that the order for the release of the applicant’s Peugeot 404 Pick-up is interlaced with the said order on the Hon. Chief Judge. Be that as it may, one cannot but concede to the applicant that the right of preference of the legal remedies available to him is his and his only and not that of his counsel. In the respondent’s counter affidavit he deposed inter alia that even though he was not a party to the motion filed by the applicant upon which the order for the immediate release of his Pick-up Van to him who made and which order was subsequently served on him, nonetheless he avers that he is at all times willing and ready to comply honestly with any order of this Honourable Court sought and obtained in good faith. He deposed further that the applicant deceived the Court in making the said order in that his purported criminal appeal (KB/BK/41A/92) said to be pending before the State High Court had been disposed on the 27/4/92 long before the filling of the said motion upon which the said order was made. The certified true copy of the criminal appeal proceedings is exhibited to the counter affidavit as Exhibit B. It was also averred that throughout the proceedings in exhibit B the applicant was adequately represented by counsel of his choice.

However, in order to appreciate the purport of the 2nd motion to vacate the said order filed by the Chief Registrar High Court of Justice Kebbi State I think it is appropriate to set out fully the relevant parts of the order which read-

“……..it is hereby ordered that

(i) The application is granted as prayed;