Court Initiates Contempt Proceedings Against Nyesom Wike, Others for Dissolution of Agency Heads

The National Industrial Court in Abuja has officially launched contempt proceedings against the Federal Capital Territory (FCT) Minister, Nyesom Wike, and several other parties, including the Managing Director of the Abuja Markets Management Limited (AMML). This legal action comes as a result of their alleged disregard of multiple court orders.

On September 27, Minister Nyesom Wike issued a statement dismissing the heads of 21 parastatals, agencies, and government companies under the Federal Capital Territory Administration (FCTA), which included AMML. However, these actions have now led to the filing of contempt charges.

The contempt charge, filed by a party identified as Abubakar, has named not only the FCTA and AMML but also the Abuja Investments Company Limited (AICL) and the former acting MD of AMML, Yakubu Abbas, as defendants.

This legal action, marked as NICN/ABJ/62/2023 in Form 48 and dated November 3, is titled “Notice of Consequences of Disobedience to Order of Court.” It was brought forward based on various legal provisions, including Section 72 of the Sheriff and Civil Process Act, 2004, Order IX Rules 1-3 of the Judgment Enforcement Rules, and the inherent jurisdiction of the court.

The application warns the defendants, stating, “Take notice that unless you (the defendants) obey the orders and directions contained in the judgment of the court on July 20 and the order of this Honourable Court made on July 26, you will be guilty of contempt of court and will be liable to be committed to prison.”

Prior to these legal actions, Abubakar’s counsel, Faruk Khamagam, had written to Minister Wike on September 28, informing him of the complex legal situation surrounding the leadership of AMML and the legal disputes that preceded his appointment as minister. Khamagam cited multiple court judgments affirming Abubakar’s status as the substantive Managing Director of AMML.

The core allegation in the contempt proceedings is that Minister Wike and others acted in violation of the orders of the industrial court made on July 20, which restrained them from executing the purported letter of termination of Abubakar’s employment as AMML’s Managing Director. This court order further directed the defendants not to interfere in AMML’s management, business, or corporate affairs until a counterpart motion on notice was heard and determined.

It is worth noting that a Federal High Court in Abuja, in a judgment dated July 10, had also restrained the FCT Minister, the FCTA, and others from dissolving and reconstituting the Board of AMML without following the proper procedure. The court declared that such actions were beyond the powers of the FCT Minister and the FCTA, affirming Abubakar as the Managing Director.

Khamagam highlighted that both AICL and FCTA had continued to insist on Abubakar’s employment termination, while Abbas had allegedly acted as the acting MD of AMML against valid court orders and judgments.

In a separate incident, the AMML head office in Gudu was reportedly visited by police officers from various commands under the orders of the FCT Commissioner of Police. While the officers claimed to be ensuring peace and workers’ safety, concerns arose when a memo from the FCTA was provided, requesting that Abubakar and the Legal Adviser be prevented from entering the office. The memo cited Abubakar’s termination as the reason, though it did not clarify why the police were involved in restricting their access.

AMML’s Legal Adviser and Secretary, Mr. Felix Edache, asserted their commitment to upholding the law while expressing a willingness to resist any attempts to infringe upon their rights. He called upon Minister Wike to reassess his legal team to avoid running afoul of the law, emphasizing the importance of protecting the law as both a lawyer and public servant.