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Contempt suit seeks jail terms for deposed IYC leader

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By Mike Odiegwu, Port-Harcourt

Fresh crisis has emerged in the Ijaw Youths Council (IYC) Worldwide following a contempt suit filed by the President of the group, Eric Omare, asking the High Court, Sagbama, Bayelsa State, to jail the deposed factional leader, Peretubo Oweilanmi, for allegedly refusing to obey the judgement of the court.

The court had sacked Oweilanmi with his executive committee ordering him to stop parading himself as the President of the IYC in a case that lasted for about three years.

But Omare accused Oweilanmi of flouting the orders of the court by continuing to represent the group as its President.

The contempt suit titled, notice of consequences of disobedience to court order, said: “Take notice that unless you obey the orders contained in the enrolled orders of the court made by the presiding judge, Justice E.G. Omukoro, sitting at the Sagbama High Court, you will be guilty of contempt of court and will be liable to be committed to prison”.

The IYC accused Oweilanmi of misleading the public by claiming that he had filed an appeal against the judgement sacking him as the president of the IYC.

The deposed leader had in a statement said: “I am pleased to inform the general public especially the numerous Ijaw youths at home and in diaspora that we have successfully appealed against the said judgment in Appeal No: CA/PH/   /2020.

“Those who want to ferment trouble in the Council should be informed that the legal battle has been drawn. I appeal to Ijaw youths to maintain peace at all times, while we take this necessary step to correct the legal blunder. Like I said before, there is no cause for alarm”.

But the IYC Spokesman, Henry Iyalla, faulted the claims of Oweilanmi that he had successfully filed an appeal against one of the judgements delivered by Justice E.G. Umukoro.

He said by his utterances Oweilaemi implied that one of the two Bayelsa State High court judgements aganist him had been set aside by the Court of Appeal sitting in Port Harcourt.

Iyalla said: “The statement demonstrated a crass ignorance of law and legal procedures and it is amazing that it came from a lawyer. It calls to question the quality of legal education in Nigeria.

“In the first place it is important to note that the court in the two different cases to wit: YHC/37/2017: Eric Omare & Ors v. Pereotubo Oweilaemi & Ors and SGA/04/2017 declared that the election that was done at Okrika where Oweilaemi and 10 others emerged as National Officers of the IYC was  null and void. In law when an action is said to be a nullity and of no effect, it means that it never existed abinitio.

“It therefore means that in all these three years Oweilaemi and co have just being wasting their time moving from one place to the other in the name of IYC.  The court in the second judgement delivered on Tuesday March 17, 2020 also declared all their actions null and void.

“This point is also implied in the first judgement. The implication is that all Clan, Parliament, chapter and zonal structures set up by Oweilaemi and his Exco are null and void.

“Their participation in any activity of the IYC in their status including the ongoing electoral process would vitiate the process and the electoral committee headed by Bekewei Ajuwa, who is a Lawyer must take special note of this fact.

“Mr. Oweilaemi in the said publication claimed that he has appealled one of the judgements with a non-existing appeal number. For the records PHC/../2020 which Oweilaemi quoted is not an appeal number. It is the height of legal ignorance for Oweilaemi to quote the above as appeal number in his statement. And if i may ask, which judgement did Oweilaemi appeal against? Is it the one in Suit No. YHC/37/2017 or SHC/04/2017?

“Let Ijaw youths and the general public know that Oweilaemi has not even started the process of filing appeal against any of the judgements not to talk of filing an appeal. The appeal procedure involve filing a Notice of Appeal at the court that delivered the judgement.

“Then parties would be invited to compile records of appeal. After compilation of records, the records would be transmitted to the court of Appeal. It is at this point that an appeal number is given by the court of appeal which may take months. So if I may ask, which one has Oweilaemi done? I state without doubt that Oweilaemi’s appeal only exist in the figment of his own imagination”.

He, however, said even if Oweilanmi filed an appeal as he claimed, it would not change the fact that he was never a president of IYC adding that a mere filing of an appeal would neither stay the judgement of the court nor reverse it.

He said: :Therefore, it amounts to contempt of court for Oweilaemi to be signing documents and parading himself as President of IYC.

“This is the reason  the President of IYC, Eric Omare, Esq has directed his Lawyers to file contempt charges against Oweilaemi and some of his Exco members who are still parading themselves as IYC Exco members. The IYC is not a lawless organization neither a banana republic, so Oweilaemi as a Lawyer must respect the rule of law.

“I wish to also advise Oweilaemi very strongly, first as a kinsman and secondly as a professional colleague that he is risking his professional bar certificate as a Barrister and Solicitor of the Supreme Court of Nigeria by his consistent disregard for the judiciary.

“I advise Ijaw youths to completely disregard Oweilaemi’s imaginary appeal. It doesn’t exist anywhere and even if  he appeals, it doesn’t change the legal position that he doesn’t and never existed until the two judgements are set aside. It would take a minimum of four years for any of such appeal to be heard.

“However, I am confident that all the judgements would be upheld on appeal because Oweilaemi has no case. It was a clear and obvious case, that is the reason why in one of the cases, for complete two years, he couldn’t call a single witness.

“Eric Omare, 7th President and Leader of the IYC as an Ijaw Patriot is working round the clock with stakeholders to follow the transition to its logical conclusion.

“President Omare has promised that he will do very thing within his powers to ensure a peaceful and transparent transition.  He has made this commitment to several Ijaw leaders and youths both in private and in public.

“Oweilaemi and his supporters should drop their battered ego and work with President Omare to unite the IYC and move Ijaw Nation forward while he pursues his appeal rather than embarking on self deceit.

“There is no appeal that can be heard and determined before the end of the tenure of the 7th Leadership of he IYC; hence Eric Omare is the Sheriff and Captain of the IYC ship. Swallow your pride, Mr. Oweilaemi and work with President Omare”.

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