‘Diabolic and Pre-Emptive Justice’: CDHR Blasts Detention of Edo State AG

Edo State AGF Obayuwana
By SaharaReporters,

The Committee for the Defence of Human Rights (CDHR) has condemned the detention of Dr. Osagie Obayuwana, the Edo State Attorney General and Commissioner of Justice, in the government’s controversial confrontation with a private company, dismissing it as “diabolic and pre-emptive justice.”

The government is locked in a battle with Church Gate Industries over a 1992 agreement in which, under the administration of Chief Odigie Oyegun, it gave management of Bendel Breweries over to  ChurchGate Industries.
Early last week, the Federal High Court in Benin City, ordered the remand of Mr. Obayuwana into prison custody over the non-compliance of the government with an interlocutory injunction obtained by Church Gate in the suit.  Justice Adamu Hobon ordered that the AG be held until the state government provided an affidavit of compliance with that order.

CDHR questioned whether the law should be used to protect a defaulter, especially in business ventures, stating that an agreement can only be binding if the parties in such a union honour their own part.

“The commando order and style of the arrest of Obayuwana with over two dozen anti-riot policemen is an abuse of power, brigandage and judicial recklessness,” it said in a statement signed by Taiwo Otitolaye, its National Vice President.  “The sovereignty of the people of Edo State over their property, more so when Church Gate has failed to manage the brewery company as contained in the agreement must not be sidestepped for trivialities and display of ignoble ego.”

CDHR said it was taken aback with such hasty actions by the presiding judge, especially given that the order in question was only interlocutory, with the substantive case yet to be determined.  “And the Attorney General has also continually stated that it was beyond his power to hand over the company,” the statement noted. 

It further said that the State government would be an insensitive and irresponsible entity to look the other way in a situation where Church Gate is unable to remit to Edo State, for over one year, its own share (51%) of the profit. 

It urged the people of Edo State to rise to the occasion of protecting Bendel Breweries, as it is their property.
 

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Dr. Obayuwana is a victim of Injustice

I think people should stop making statements based on sentiments, and crosscheck their facts and have the benefit of full information so as to guard against arriving at completely wrong conclusions. For clarity sake, the AG was not remanded because he failed to answer to a court summons, he was remanded because the state had not complied with a court order given in 2003, which order is still the subject of appeal at the Supreme Court as we speak.Criminal liability is personal.It is not the law that the AG is personally criminally liable for the actions or inactions of the State.The Judge should know better.Kudos to CDHR. The case is currently on appeal, the Hon. Attorney General Obayuwana will surely be vindicated and people like Justice Hobon will bite the dust!

THUMBS DOWN FOR CDHR

I am thoroughly embarrassed CDHR, of all organisations, will in this circumstance of this event, present such a petition. I would have thought that CDHR, even if they have knowledge of any vendetta or personal grouse between the Hon. Justice Hobon and the AG (which they have not stated as to taint the Order by the Judge or its enforcement),would have been dispassionate enough to wait and see the outcome of the whole saga before making their position known rather than descend with such great error to protest enforcement of a valid Court order. I guess CDHR was, painfully though, blinded by their camaraderie with the person of the AG in question. An Organisation like CDHR must learn never to descend into the arena but to always uphold truth, justice, equity and the rule of law without taking sides.

The Judge is incompetent

God less you.

I just lost respect for CDHR.

I just lost respect for CDHR. The orders of court remains enforce until set aside by superior court and must be obeyed. The AGAIN of Do is not above the law.

The Judge is incompetent

I was in court on the day the AG was remanded. It was obvious the Judge was acting out a script as written for him by certain persons, if not how can he explain his insistence on remanding the AG even after it was established that the Forms 48 and 49, papers required by law to be served PERSONALLY on a contemor before he can be sent to jail, were not served on Dr Obayuwana?In any case, can a serving AG be held criminally liable for the misdeeds of his predecessors?Why did Justice Adamu Hobon personally invite Policemen from outside Edo to enforce his order?Is it part of his duty to do that? Does Justice Hobon not know that effective compliance with the Court order for which the AG was remended is beyond the powers of the office of the Attorney General?Justice Hobon,s ridiculous order of commital of the AG smacks of incompetence and poor knowledge of the law.People like Justice Hobon do not deserve to be on the bench and should be shown the way out.

CDHR is wrong

When a court Order is granted by a court, all parties must respect the order until set aside. Even if the judge was bias or wrong in granting the order, it must be obeyed, to do otherwise is to invite anarchy. CDHR is wrong in it's interpretation of the court's position in this matter.

DR OBAYUWANA , THE RIGHT ACTIVIST

I AM NOT SURPRISED THAT DR OSAGIE OBAYUWANA IS ONCE MORE IN THE FIRING LINE FOR THE SAKE OF HIS PEOPLE OF EDO STATE IN PARTICULAR , AND NIGERIANS IN GENERAL. AS HE HAS BEING THERE MANY TIMES. FOR THOSE WHO DO NOT KNOW HIM. HE WILL FIGHT TO THE DEATH FOR THE GOOD OF EDO STATE. HE FACED ABACHA WITHOUT BLINKING AN EYE. TEMPORARY IMPRISONMENT WILL NOT MOVE HIM AT ALL.

ALUTA CONTINUA !!!!! BROTHER. THE FIGHT AGAINST THE ENEMIES OF NIGERIA IS JUST BEGINNING.

Rubbish!

The problem with Nigerians is that they believe that some people are untouchable. We look on the appearance of some people, the Agbada they are wearing and we say; "how can the police touch this guy? We ought to understand that the law is made for everyone and no one is above it. Even the President, with his immunity from prosecution while in the office, cannot disobey court order. If he is summoned to appear before a Judge, the rightful thing is that he obeys the order and appear before the judge himself or through his legal representative. He can then argue his constitutional prorogation of immunity from prosecution. No one is above the law. CDHR has got it wrong this time. It is not about the company in dispute with Edo State government, it is about the rule of law.

Rubbish!

CDHR's ranting is absolutely rubbish. The arrest and detention of the Edo State AG is a good riddance to justice. He was summoned to appear before a Judge and he ignored a Judge's court summon. He is held for contempt and it is admissible in law.

Court Orders are sancrosanct..CDHR should know more than better.

I hope CDHR does not box itself to the arena irrelivance some day. Court orders,wrongly issued or not, are sacrosanct any day until they are vacated.If a party receives an order and feels it is not right,then, it approaches court to vacate it but can not sit on it as if it does not matter. If court can slam its big stick on individual for contempt of court there is nothing wrong using the same stick on erring government. All are equal before the law. The Judge, to me, is simply saying government will lead, not just by example, but by good example.The calibre of Messrs Obayuwana and Oshiomole should know better. CDHR should know more than better.

The likes of CDHR are

The likes of CDHR are problems to this country. They jump into issues without proper analysis. The simple fact is that there was a court injunction, no matter how minor or trivial, and it should be obeyed be it an individual or government. Edo state AG should have followed the dictates of the law to address the issue when the other party defaulted in its agreement. Why did Edo state not sue for monies owed them?

no one is above the law

Nigerians are so used to not obeying court orders so much that an organisation like CDHR is condenming a court for enforcing its orders. If an order of court is made. It is of no momment whether its right or wrong. It should be obeyed until set aside. Let's keep the sanctity of the judiciary. No one is above the law.

PAYBACK TIME FOR THE AG

Why the noise and the cry? This same arrogant Commissioner for Justice abuse the court process during the illegal arrest and detention of the embattled Chairman of the Taskforce on Environment in the state. Report confirmed that he personally pressed the magistrate Omonuwa not to grant the young man bail and he invited the prison truck to haul the young man. The retired army officer spent 2weeks in custody compare with the AG that spent less than 24hours before release on fake heath groud. He should stop shedding crocodile tear and burry his head with shame. God is great!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

PAYBACK TIME FOR THE AG

Why the noise and the cry? This same arrogant Commissioner for Justice abuse the court process during the illegal arrest and detention of the embattled Chairman of the Taskforce on Environment in the state. Report confirmed that he personally pressed the magistrate Omonuwa not to grant the young man bail and he invited the prison truck to haul the young man. The retired army officer spent 2weeks in custody compare with the AG that spent less than 24hours before release on fake heath groud. He should stop shedding crocodile tear and burry his head with shame. God is great!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I did my nysc with that

I did my nysc with that organisation. Though, that was prior to Church gate and, it was 100% state run company at that time. I'm pleased to say that I had Lots and lots of great memories. Thanks to all the people of Benin City.

Abuse of Power

Well we all understand no one is above the law.However I wonder if The Nigerian Police took an oat to Serve and Protect, or have rather given up the use of their cerebral cortex, to be used as a puppet by those who can afford high bribe. with that being said, what has the Anti Riot Police got to do with citizen arrest? I mean this is point blank undemocratic. We need a "J.J Rawlings" in Nigeria. A complete revolution of the mind and of the people. I think who ever ordered the arrest deploying an ANTI RIOT POLICE SQUAD should be charged for Kidnapping, illegal detention,terrorism and disturbing the peace.
Kenneth Eghosa EKe

Unbelievable

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Edo State and AG

The Edo State Government is doing the right thing. The AG should be ducked. A lesson to others hiding and engaging in stupid get-rick-quick profit business.
Duck the AG. Use him as an example that government will not take a side line when it comes to tax collections on those or industries who can pay but not wanting to pay their fair share to the Edo State people.
Edo Boy

Even if you were right that

Even if you were right that the Government does not have any business being in the business of making beer, do we just fold our hands and pretent what CHURCH GATE is doing is right? The profit from the business can be used in providing those amenities for the good people of Edo state too.The truth is that CHURCH GATE have not lived on their part of the bargain

The Judge has erred in law and gone way beyond his powers

This is utterly ridiculous and an abuse of the court process by the Judge. The Judge should be hauled before the NJC and disciplined.

THESE ARE PAID PSYCHOPHANTS

Justice Hobon is a very honest, disciplined and incorruptible judge. If the AG cannot set a good example in obeying court orders, who will? Let them not give us the flimsy excuse that he was not personally served. Someone in his office received and signed the serving papers on behalf of the big Oga, AG. So, their excuse is nothing but poppy cock. We need more judges like Justice Adamu Hobon instead of the cash and carry judges, Court registrars and magistrates that comprise more than 90% of the judiciary, where case files will purposely be hidden through collusions with the registrars and clerks to subvert justice for a few Naira. Justice Hobon is definitely a material for the position of CJN. Nothing must happen to him or his office. Otherwise, this is a litmus test for the Oshiomhole's government sincerity about the rule of law.

Rule of law is above all

Court has done what it should. What's the problem? You don't break injunctions. If you do, straight to jail. Human rights organisations should always be on the part of the rule of law, not individuals. If the AG was allowed to break the law, won't people complain?

Govt. Cannot Engage In Some Important Than Beer Making?

Why do Government engaged in business of poisoning her citizens? Why beer business? Beer have destroyed many lives in the country and the world at large. Why is govt. in the business to make her people drunk? Alcohol is used as a weapon of distractions from real business of governing. Nigerians, please wake up. You need good healthcare, water, electric, crime prevention not beer consumption. Government should not engage in such private interests. Nigerian govt. stop involving yourself in running TV, Radio, Newspapers , banks to mention but a few. These businesses are well ruined by private concerns. Govt. do not profit nor the citizens but to selected individuals....corrupt politicians and corrupt civil servants. These companies make profits, yet the govt. allocate budgets to them & the profits are share among the crooks in govt. Greedy Bastards.

Govt. Cannot Engage In Some Important Than Beer Making?

Why do Government engaged in business of poisoning her citizens? Why beer business? Beer have destroyed many lives in the country and the world at large. Why is govt. in the business to make her people drunk? Alcohol is used as a weapon of distractions from real business of governing. Nigerians, please wake up. You need good healthcare, water, electric, crime prevention not beer consumption. Government should not engage in such private interests. Nigerian govt. stop involving yourself in running TV, Radio, Newspapers , banks to mention but a few. These businesses are well ruined by private concerns. Govt. do not profit nor the citizens but to selected individuals....corrupt politicians and corrupt civil servants. These companies make profits, yet the govt. allocate budgets to them & the profits are share among the crooks in govt. Greedy Bastards.

Govt. Cannot Engage In Some Important Than Beer Making?

Why do Government engaged in business of poisoning her citizens? Why beer business? Beer have destroyed many lives in the country and the world at large. Why is govt. in the business to make her people drunk? Alcohol is used as a weapon of distractions from real business of governing. Nigerians, please wake up. You need good healthcare, water, electric, crime prevention not beer consumption. Government should not engage in such private interests. Nigerian govt. stop involving yourself in running TV, Radio, Newspapers , banks to mention but a few. These businesses are well ruined by private concerns. Govt. do not profit nor the citizens but to selected individuals....corrupt politicians and corrupt civil servants. These companies make profits, yet the govt. allocate budgets to them & the profits are share among the crooks in govt. Greedy Bastards.

Nigerians don't yet know what they want!

Do we want a country where LAWS and COURT ORDERS are obeyed (irrespective of whether it is an interlocutory or substantive order) or do we want a state of arbitrariness, Lawlessness and Executive recklessness or rascality, where court decisions or orders are treated with impunity and not meant for the Executives?

Court orders, no matter how inconsequential or trivial, must be obeyed. WHAT WAS SO DIFFICULT FOR THE AG IN OBEYING A LAWFUL COURT ORDER? And if ignored, the culprit must be SANCTIONED for contempt, no matter their position! THAT IS THE RULE OF LAW! So what is CDHR preaching? Human Rights Pretenders!

Diabolic & Pre-emptive justice!

Plz guys we all part to play here..Urgent check... http://www.usaveone.blogspot.com/

Make up your mind

Make up your mind Nigerians and SR...if the AG was not punished for contempt, you will insult the judiciary, now that hes getting tacked for not obeying, you are complaining.

Oh, wait a minute, he's not PDP. I guess that explains the outrage against the judge.

Crooked Judges

The "judge" must have collected bribe from the Indians. The Indians are used to doing business in dubious ways. Shame on the "judge".

Ignorant lawyers

The judgement or orders of court must be obeyed first by any responsible person or government, what the Edo govt can do is to challenge the order in a court of law. Edo govt cant interpret the law or order of court,their duty is to obey it. this statement from CDHR is disappointing bcos CDHR already know that an executive arm of govt can not pick and choose which court orders to obey or not. that will be simply the rule of man and not the rule of law.

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