The Chief Judge of the Federal High Court, John Tsoho, has reversed his rejection of a request by the Minister of Transportation, Rotimi Amaechi, for the transfer of a case over his ministry’s award of a critical maritime security contract to unqualified companies.
The chief judge two weeks ago turned down Mr Amaechi’s request to reassign the case to a vacation judge, claiming the nation was losing revenue as a result of the project’s delayed implementation.
The judge had in a letter dated April 7, 2022 written by his special assistant, Ambrose Unaeze, rejected Mr Amaechi’s March 31 request made through his lawyer, Lateef Fagbemi.
The case about the International Cargo Tracking Note (ICTN) was filed by a civil society organisation, the Citizens Advocacy for Social & Economic Rights (CASER).
The ICTN is an electronic cargo verification system that monitors the shipment of seaborne cargoes and enables a real-time generation of vital data on ships and cargo traffic in and out of Nigeria.
President Muhammadu Buhari approved the national security-sensitive maritime contract to a medical company nominated by Mr Amaechi in a process the Bureau of Public Procurement (BPP) said was “embarrassing and illegal.”
CASER had on December 13, 2021 filed a suit against Mr Amaechi, the Attorney-General of the Federation, and the BPP over irregularities in the award of the sensitive contract.
Two firms – Medtech Scientific Limited and Rozi International Nigeria Limited – that got the contract are joined in the suit as defendants.
On December 17, 2021, following an ex parte application by CASER, the court restrained all the defendants from taking any further steps concerning the appointment of operators of ICTN.
But, in a fresh letter dated April 14, 2022 Justice Tsoho overruled himself and agreed to transfer part of the case marked: FHC/ABJ/CS/1587/2021 to a new judge.
Violation
On March 23, CASER’s lawyer, Abdulhakeem Mustapha, reported to the judge responsible for the case, Donatus Okorowo, that Mr Amaechi had allegedly violated the court’s order of December 17, prompting the judge to endorse the filing of a contempt charge against the minister.
Mr Okorowo also directed the suspension of proceedings in the substantive suit to give way to hearing of contempt charge against Mr Amaechi and fixed May 9 for ruling.
Rather than wait till May 9, the transportation minister through his lawyer wrote the March 31 letter, claiming utmost urgency, among others and requested that the case against him be reassigned to the court’s vacation judge for urgent hearing.
The chief judge declined the request. But following another letter by Mr Fagbemi, dated April 13, 2022, Mr Tsoho changed his mind and agreed that a portion of the suit be re-assigned to the court’s vacation judge.
Justice Tsoho’s recent letter on April 14, written by his aide, Mr Unaeze, in response to Mr Amaechi’s second letter, reads: “I am directed by the Hon. Chief Judge of the Federal High Court to refer to your letter of 13th April, 2022 in respect of the above subject matter
“Having considered the responses as per your letters dated 13th April 2022, 1st April, 2022 respectively, it is noted as follows: that there is presently no indication of any proper or formal application for contempt proceedings.
“The filing of Form 48 per se does not amount to a contempt application or committal proceedings, in the absence of Form 49 with evidence of the alleged contemnor’s disobedience obtained after service of Form 48.
“Therefore, in view of the extreme urgency emphasised with regard to the matter, there is good basis for referring the pending applications to be heard during the Easter vacation.
“Consequently, our letter dated 7 April, 2022 is cancelled. The pending notice of preliminary objection and the application for joinder in the suit (but not the suit itself) are reassigned to the vacation court for determination. Please accept the assurances of His Lordship, the Hon. Chief Judge.”
CASER reacts
The group that filed the case criticised the decision. In a statement by its executive director, Frank Tietie, CASER argued that it was impossible for Mr Tsoho’s decision to ensure justice in the case.
“Thus, the directive that only the preliminary objection be heard by a vacation court leaving the main suit is aimed, in our opinion, at terminating the suit without the court adjudicating on the real issues of corruption and incompetence of the companies, as it should be,” he said.
“We strongly believe that the latest directive of the Chief Judge to transfer the suit as impressed on him by counsel to the Honourable Minister of Transportation. when there is no real urgency, is but just a self-serving one that is not in any way in the interest of Nigeria’s national security, thereby endangering the peace and welfare of Nigerians.
“We believe that the course of the administration of justice should run smoothly without any undue pressure.
“To this end, we are very uncomfortable with the latest directive of the Chief Judge of the Federal High Court that a suit that is due to be heard in less than one month be transferred to a vacation judge for reasons which he had earlier considered to be highly untenable.”
