Alleged disobedience: Justice Bello’s daughter seeks committal of cleric, others to prison

The daughter of the late Justice Moses Abu Bello, a former President of the Federal Capital Territory (FCT) Customary Court of Appeal, Ann Eniyamire Bello, has urged the High Court of the FCT to commit her father’s will executor, Reverend Father Ezekiel John Awolumate and the Executive Director, Asset Management at the Nigeria Electricity Liability Management Company (NELMCO), Joseph Asuku Bello, to prison for their alleged disobedience of court order.

The late judge’s daughter had on October 14 obtained an interim restraining injunction issued by Justice M. A. Madugu of the FCT High Court, sitting at Bwari, Abuja, in an ex-parte application, marked FCT/HC/M/12904/2024, restraining Awolumate and others from selling or leasing any of the properties of the late judge in dispute.

The court also ordered the Economic and Financial Crimes Commission (EFCC), the Director-General, State Security Service (SSS) and the Inspector-General of Police (IGP) to arrest any violators of the said order.

Justice Madugu further directed that the disputed property, situated at NO.41 Panamma Street Maitama, Abuja, be marked with red paint and display a sign reading “NOT FOR SALE / Lis Pendens” until the case’s resolution.

The applicant, however, approached the court, through her lawyer, Yahuza Maharaz, with a committal process, Form 100, requesting both Awolumate and Joseph Asuku Bello to show cause why an order of committal to prison should not be made against them by the court.

It read, “Take notice that this Honourable Court shall be moved on the………..day of 2024 at the hour of 9 O’ clock in the forenoon, or so soon thereafter, as counsel may be heard on behalf of the Claimant, applying to this Honourable court for an order of Committal of: Rev. Father Ezekiel John Awolumate (2) Mr. Joseph Asuku Bello (Executive Director, Asset Management, NELMCO)
To prison for having disobeyed the orders of honourable Justice M.A Madugu of the High Court of the Federal Capital Territory, Abuja, Bwari, dated October, 14, 2024.”

In her affidavit in support of the Form 100, Ann Eniyamire accused both Awolumate and Bello of trying to sell off some property, including the one in serious dispute at NO.41 Panama Street Maitama, Abuja, adding that she sought for the committal order with a view to preventing such moves.

According to the claimant, “That while this suit is pending before this honourable court, the defendants seized the opportunity of this honourable court’s annual vacation and willing to destroy the Res of this suit by selling out properties which are subject of serious dispute including a developed property, Plot No 763 Cadastral Zone A6 (No 41 Panama Street) Maitama, Abuja, C-Of O No:164 EW-FE 243-59 DDR 6018U-10 of File NO: KG 10050) and thereby leaving nothing behind for the court to adjudicate upon determination of the substantive suit hence my application for interim order which was graciously and judiciously granted on the 14 October, 2024 for the best interest of justice and sanctity of this court.”

She stated that she served both Awolumate and Bello Form 99 of Rules of FCT High Court together with copies of the court order and alleged that despite the service of Form 99 on both defendants, they continuously disobeyed the orders given by the court particularly cleaning up the not for sale inscription.

She the alleged that, “That since the orders were granted, the Ist defendant/ Rev. Father Ezekiel John Awolumate together with one Mr Joseph Asuku Bello who is a squatter in the said developed property, Plot No 763 Cadastral Zone A6 (No 41 Panama Street) Maitama, Abuja, have continuously disobeyed the said order, by tampering with the said order by deleting the inscription NOT FOR SALE/LIS PENDENS And removing the copies of the orders of this honourable court already affix by the officers of this Hon court on the walls and main entrance gate of a developed property, Plot No 763 Cadastral Zone A6 (No 41 Panama Street) Maitama, Abuja, C-Of O No:164 EW-FE 243-59 DDR 6018U-10 of File NO: KG 10050).

The late judge’s daughter asserted that the actions of both defendants amount to willful disobedience to the orders of the court, adding that the actions are calculated to impugn the dignity and lower the majesty of the court.

While claiming that it is in the best interest of justice for the court to grant the application of committal of the defendants to prison, she asserted that to prevent further disobedience, the cleric and Bello should be sent to prison.

“That to preserve the dignity of this Honourable court and to prevent further disobedience to the Order of this Court, the 1st Defendant/Rev. Father Ezekiel John Awolumate AND Mr. Joseph Asuku Bello, ought to be committed to Prison and restrained,” she stated in the affidavit.

Ann Eniyamire had in the substantive suit before the court, in which she joined Rev Father Awolumate and Christ the King Catholic Church, Okene Parish as defendants, claiming that she was shortchanged in the execution of her father’s will.

According to her, the late Justice Bello specified in his will that his assets be divided among his wife and eight children using an 11.11 percent sharing formula.

She claimed that Awolumate, who is the first defendant in the substantive suit, marked FCT/HC/CV/667/2023, altered the formula to 4.16 percent, contrary to her father’s instructions.

She, therefore asked the court to annul the defendants’ decision and to relieve them of their duties as executors of her father’s will.

The claimant additionally sought a court declaration that she is entitled to 11.11 percent of all her father’s assets, including shares and stocks.

ALSO READ THESE TOP STORIES FROM NIGERIAN TRIBUNE 

• Osun govt plans security meeting over clash between police, civil defence