CONTEMPT: Send AGF Fagbemi SAN to Prison for Disobeying a Mandatory Order of the Court – Applicant, Micheal Aneke, begs Court (SEE COURT DOCUMENTS)
The Federal High Court, Abuja Division has been asked to commit the Attorney General of the Federation, AGF, Chief Lateef Fagbemi SAN to prison for disobeying the valid order of the Court made on the 3rd of July 2023 compelling the AGF to grant the Applicant consent to enforce the Judgement of the Federal High Court, Abuja Division delivered on the 29th day of August 2022 in FHC/ABJ/CS/1240/2020.
The Applicant, Mr Micheal Amaechi Aneke, through a Motion on Notice for committal filed by his lawyer, Barrister Anayo C Ilo, at the Federal High Court on Monday 27th November 2023 with suit number FCH/ABJ/CS/646/2023, brought under order 35, rule 2 of the Federal High Court Civil Procedure rules 2019 is asking the court to send AGF Fagbemi SAN to prison for refusing to obey a direct order of Mandamus issued by the court on 3rd day of July 2023 and Served on the AGF on the 10th of October 2023.
The Applicant had sued the Inspector General of Police in 2020 for abuse of his fundamental human right and the court awarded monetary Judgement in his favor in 2022. The IGP did not Appeal the Judgement within the three months allowed for Appeal making the judgement, the final judgement of the court. However, The Sheriff and civil processes Act, made the consent of the AGF compulsory before the execution of monetary Judgement against the IGP but the AGF has since 2022 refused to give consent to the Applicant, notwithstanding several demands by the Applicant to the AGF’s office.
The applicant applied for and got the order of Mandamus against the AGF to give the mandatory consent but the AGF ignored the order of mandamus issued by the court.
If the Applicant’s prayer is granted, the AGF, Chief Fagbemi SAN will be sentenced to prison until he obeys the order of Mandamus issued by the court.
SEE THE COURT DOCUMENTS BELOW:
