Lawyer to file contempt case against newly appointed Fed.

From Godwin Tsa, Abuja

The Incorporated Trustees of Kingdom Human Rights Foundation International has vowed to commence contempt proceedings against the Governing Council of the Federal Polytechnic, Nekede, Owerri, Imo State and the Rector, Dr. Basillia Igbokwe, for alleged disobedience of the order of the National Industrial Court barring them from appointing a rector for the institution.

The action followed a memo issued by the the Registrar to the Polytechnic community with reference No: FPN/R/82/V/190 and dated September 17, 2024, informing them of the “inauguration ceremony of the 9th substantive Rector of the Federal Polytechnic, Nekede, Owerri, Imo State.”

The organisation has obtained an exparte order from the National Industrial Court, Abuja, restraining and prohibiting Dr Igbokwe from acting, purporting to act in any capacity or assuming the office of the rector in whatsoever capacity, manner and guise, except as prescribed and expressly provided in section 8 (2) (3) and (4) of the Federal Polytechnics (Amendment) Act 2019, pending the hearing of the motion on notice or the final determination of the substantive suit.

Other defendants affected by the order of Justice E D Isele of the National Industrial Court are the President of the Federal Republic of Nigeria, Attorney General of the Federation and the Minister of Education.

Justice Isele specifically restrained the Minister of Education, the Governing Council of the Polytechnic, from forwarding Igbokwe’s name to the President of the Federal Republic of Nigeria for appointment as the Rector of the Polytechnic pending the hearing and determination of the substantive suit.

The interim order equally restrained Igbokwe from accepting in any capacity, or assuming office as Rector of the Polytechnic except as provided in section 8 (2) (3) and (4) of the Federal Polytechnics (Amendment) Act 2019, pending the hearing of the motion on notice or the determination of the substantive suit.

In addition, the court ordered all the defendants to maintain the status quo ante and not to take any steps that will further destroy the subject matter.

A statement in Abuja yesterday, by the Executive Director, Kingdom Human Rights Foundation International, Okere Kingdom, notified the Registrar and the entire Polytechnic community of suit No: NICN/ABJ/232/2024, challenging the illegal procedure adopted in the selection, nomination, recommendation and appointment of Igbokwe by the President of the Federal Republic of Nigeria.

Okere has further vowed to commence contempt proceedings against the Permanent Secretary of the Federal Ministry of Education for issuing Igbokwe an appointment letter despite the pending suit.

He noted that the originating summons was filed on August 4, 2024, and a copy was duly served the Federal Ministry of Education by the bailiff of the court.

The group observed that the appointment letter is dated and issued on September 10, 2024, “in a corruptly suspicious manner when President Bola Tinubu was outside the country.”

Meanwhile, in the substantive suit marked NICN/ABJ/232/2024, the claimants formulated the following issues for determination: “Whether the selection and announcement of  Igbokwe as the preferred candidate for the position of Rector, Federal Polytechnic Nekede,  Owerri, breached the express and unambiguous provisions of section 8  (1) (2) (3) and (4) of the Federal Polytechnics (Amendment)Act 2019, and therefore, null and void and of no effect whatsoever.

“Whether the unilateral and unlawful action of the Chairman of the Governing Council of the Federal Polytechnic Nekede, Owerri, to recommend Igbokwe as the first candidate for appointment as Rector without due process, and without recourse, consultation, reference and recommendation of the Joint Council Academic Board Congregation and Selection Board is illegal, null and void and of no effect whatsoever, having regard to the clear, unambiguous and express provisions of section 8 (1)(2)(3) and (4) of the Federal Polytechnics (Amendment) Act 2019, which laid down the procedure for the appointment of the Rector.