...Gives Kogi gov seven-day ultimatum to pay
deputy’s statutory allocations
Human rights lawyer and Senior Advocate of Nigeria
(SAN), Mr. Femi Falana, has told the Presidential Adviser on Media and
Publicity, Mr. Femi Adesina, that merely filing of appeal does not justify
contempt of the court.
Also, Falana has issued a seven-day ultimatum to the
Kogi State Governor, Alhaji Yahaya Bello, to pay the outstanding allocations
due to the Office of the Deputy Governor,
Simon Achuba, amounting to N819, 709, 987.00 for 2017, 2018 and 2019.
Adesina was reported to have said that the President
Muhammadu Buhari’s administration refused to obey the orders of the Federal
High Court for the release of Sheik Ibraheem El-zakzaky from the ‘illegal’
custody of the Department of State Services (DSS) because it filed an appeal
against the judgment of the Federal High
Court delivered on December 2, 2016.
But in a statement issued on Wednesday, Falana noted
that before now, the federal government had invoked "national
security" to justify its ‘contemptuous conduct’.
He argued that because the federal government was
embarrassed by the allegation of disobedience of court orders being leveled
against it, it has now turned round to give the misleading impression that the
filing of an appeal is a justification for not releasing the El-Zakzaky from
detention.
According to him, “With respect, it is trite law
that the mere filing of an appeal does not operate as a stay of action in
respect of the judgment of a court. In the instant case, the filing of the
appeal referred to by Adesina has not varied or suspended the orders of the
federal high court for the release of the El-Zakzakys from unlawful detention.
“It may interest Adesina to also know that the
order of a court for the release of a citizen from custody cannot be stayed
pending the determination of an appeal. Hence, the federal government did not
deem it fit to file any motion for stay of execution of the orders of the
federal high court. Even during the
defunct military junta in Nigeria, the Court of Appeal dismissed the motion for
stay of execution in the case of Nigerian Army vs Mowarin (1992) 4 N.W.L.R.
(pt 235) 345. According to Kalgo J.C.A.
(as he then was): ‘The refusal of the
application will not cause any injury to the applicant, but if the application
is granted, the respondent will continue to suffer personally in detention
after the court has declared her detention unlawful ab initio.
“Since neither the federal high court nor the Court
of Appeal has stayed the execution of the orders of the federal high court for
the release of the El-Zakzaky from unlawful custody, payment of damages of N50
million and provision of a temporary house for them (since their house in Zaria
was set ablaze by rampaging troops) should be made by the federal government
with the said orders without any further delay.”
Meanwhile, Falana has issued a seven-day ultimatum
to Kogi State Governor, Alhaji Yahaya Bello, to pay the outstanding allocations
due to the Office of the Deputy Governor, Simon Achuba, amounting to N819, 709,
987.00 for 2017, 2018 and 2019.
Falana in a letter dated July 17, 2019, which a
copy was made available to THISDAY in Lokoja yesterday, stated that the
accumulated statutory allocations the state government has withheld which
include travel allowances, hotel bills, pledges and outstanding monthly impress
and salaries due to his client (the state deputy governor) amounted to N819,
709, 980, 00.
He said in the letter that: "If our client's
request is not granted within seven days of the receipt of this letter, we have
our client's instructions to seek redress in the National Industrial Court. It
is hoped that the governor will not allow our client to resort to litigation in
respect of this matter as that may embarrass the state government.
"Our client has informed us that your administration
has consistently refused to give approval for the release of funds for the
smooth running of the office of the deputy governor even after memos to that
effect have been approved by your office. In particular, the statutory
allocations approved for the office of the deputy governor have been withheld
by the state government since 2017.
"These said statutory allocations are duly
captured in the Kogi State Appropriation Laws of statutory allocations of 2017,
2018 and 2019, and supported by various memos sent to your office since 2017
which were duly approved without cash backing till date.
"Notwithstanding the fact that the statutory
allocations have been illegally withheld, our client has continued to carry out
his functions as the deputy governor of Kogi State. In as much as our client is
prepared to continue to discharge the enormous responsibilities of his office,
he is currently hampered by lack of funds which has wide ranging implications
for the state even as it prepares for the forthcoming gubernatorial election.
"In view of the foregoing, we have our client's
instructions to request that use your good offices to ensure the immediate
payment of the withheld statutory allocations legitimately appropriated for the
office of the deputy governor of Kogi State since 2017.”
Kogi State Deputy Governor, Achuba, has threatened to
drag Bello to court if after seven days, his entitlements amounting to
N819,709,980.00 since 2017 are not paid.
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