Contempt: Court May Jail Gov. Uduaghan’s Former Aide, Attorney General



Recall that on March, 5th 2009, the Peoples Redemption Party (PRP) governorship candidate in the 2007 gubernatorial election, Comrade Emmanuel Odafe Igbini had instituted a suit against the officials alleging that the 1st defendant (Dr. Emmanuel Mafiana) had fraudulently disbursed the N20m grant approved by Delta State Government meant for political parties in state.

The suit with no EHC/99/2009 has Dr. Emmanuel Mafiana as 1st respondent/ defendant, Delta State government as 2nd respondent/ defendant and Attorney General as 3rd respondent/ defendant while PRP is the plaintiff/applicant.

The Presiding Judge, Justice Godwin Gbemre had granted an interim injunction sought by the Delta branch of the Peoples Redemption Party (PRP) ordering the state government to stop further disbursement of grants meant for political parties to the Special Adviser on Inter Party Relations, Dr. Emmanuel Mafiana until the determination of the suit before him. He also ordered Dr. Mafiana to refrain from collecting any grants or funds meant for the PRP.

The plaintiff represented by his counsel, Mr. Chuks. E. Ebu had approached the court to declare the sharing of the N20million grant approved and released by the state government for all registered political parties in the state on or before October 2007 by the 1st Defendant without following due process was illegal, null and void. 
      

The Plaintiff also prayed the Court to issue an interim order restraining Dr. Mafiana from collecting any other Grant meant for the Plaintiff and all other political parties in the state pending the determination of the Motion on Notice before the Court.

But in a twist the 1st, 2^nd and 3rd Respondents/ Defendants have flouted the court ruling, as the state government went ahead to release N28.8 million and N16 million grants to Dr. Mafiana which he disbursed to registered political Parties in the state.

Dr Mafiana in his disregard for the court has refused to appear before it since the trial commenced in March 2009 with the court having sat at least seven times on the issue. Instead, another N28.8 million grant was approved by the state government for political parties for the year 2009 which he has since disbursed.

In a hearing on January 15, 2010, Justice Godwin .E. Gbemre threatened to commit Dr. Mafiana and the Attorney General of the state to prison for contempt of court.   Justice Gbemre ordered Dr Mafiana and the Attorney General of the state to show cause why they should not be sent to prison for disobeying his order of June 02, 2009.

Justice Gbemre fixed February 11, 2010 for further hearing of the case.

See Attachment for court document.