By INNOCENT ANABA
A Federal High Court sitting in Lagos, yesterday, referred the contempt proceedings initiated against the Managing Director of Federal Airport Authority of Nigeri, FAAN, Mr George Uriesi, by Maevis Limited,to the Chief Judge of the court for re-assignment to another judge.
Trail judge, Justice Binta Murtala-Nyako, rejected the objection by Maevis to an appeal by FAAN, challenging the jurisdiction of the court to entertain the suit.
The court held that FAAN was free to pursue the appeal.
Maevis in the contempt proceedings had alleged that FAAN disregarded an order of the court made on September 24, 2010, for the maintenance of "res" on the airports concession contract between it and FAAN.
The court in its ruling on the contempt proceedings, said that the alleged contempt is committed, "ex-facie justicea" that is "Not in the face of the court."
The court added, "I hereby order that contempt proceedings be and same is hereby refer to the Chief Judge of this Court to assign same to another judge for hearing so that all parties are given fair hearing."
The court, meanwhile, adjourned the hearing of the substantive case till July 5.
FAAN had at the last proceedings, contended that the processes challenging the contempt proceedings and the jurisdiction of the court to entertain the main suit had been filed at the court of appeal.
The authority had asked that further proceedings in the matter be stayed pending the final determination of the appeal.
Maevis through its counsel, opposed the request and alleged that the processes at the appeal court were filed to stall the matter.
But FAAN replying on point of law, contended that the fact that the appeal had not been entered does not prevent the appeal court from assuming jurisdiction on the matter.
"As far as we are concern, we have filed appeals and whatever their worth, they should be heard. We don't want a situation whereby this court will continue to hear the matter when the appeal has not been heard and determined", it argued.
Maevis is the concessionaire to FAAN on the provision of the Airport Operations Management System, AOMS, platform in four international airports, namely; Lagos, Abuja, Kano and Port-Harcourt.
Vanguard Nigeria