The former Director-General of the Bureau of Public Enterprises (BPE), Mr Alex Okoh, has been acquitted of contempt charges in a legal dispute between BPE and BFIG, over the ownership and operation of Aluminium Smelter Company of Nigeria (ALSCON), in Ikot Abasi, Akwa Ibom state.
It would be recalled that the Federal High Court, Abuja presided by Justice Anwuri Chikere had, on December 17, 2019, given the original order for Okoh to be sent to jail following a committal proceeding instituted by BFIG against him and the BPE for failure to fully execute the judgment of the Supreme Court and Court of Appeal in the matter filed against them over the unilateral decision to cancel the outcome of the 2004 bid for ALSCON.
Initially, the Supreme Court had fixed October 31, 2023 for its ruling on the appeal, but had to shift it till January 26, 2024.
BFIG is the Nigerian-American consortium that stood for the bid for the federal government shares in ALSCON in 2004.
The Federal High Court’s decision to acquit Alex Okoh is predicated on the Court’s findings that there was no basis to hold him in contempt and commital over the dispute.
Okoh, who was relieved of his position as DG of BPE in January 2024, had battled contempt charges and commital rulings by courts up to the Supreme Court.
His court troubles began in December 2019, when Anwuli Chikere, judge of a Federal High Court in Abuja, ordered his arrest and imprisonment, after accusing him of disobedience of the Supreme Court order over the ownership controversy of the Aluminum Smelter Company of Nigeria (ALSCON).
Now, a Federal High Court in Abuja, presided over by Justice D.U. Okorowo, has upheld Okoh’s request for dismissal and discharge of the contempt/committal and all charges thereof, in Suit Number FHC/ABJ/CS/583/2004 between BFI Group Corporation (judgment creditor/respondent) and BPE (judgment debtor/respondent.
Okoh, who approached the Federal High Court with the yoke of a contemnor, however, secured the discharge as contained in an enrolled order issued by the court on Friday April 5, 2024.
The order by the judge (Justice Okorowo), was sequel to a motion on notice dated and filed on March 12, 2024, praying the Court to direct that the contemnor/applicant (Alex Okoh) be discharged.
In the ruling, the judge said he listened to the motion moved by Mrs J.O. Adesina (SAN) and others for Okoh, and the response by the opponent’s lawyers led by P.I.N Ikwueto (SAN) for the judgment creditor/respondent who he said did not oppose the application.
“It is further ordered that in the light of the submission of judgment creditor/respondent counsel and to uphold the majesty of the Court in particular the decision of the apex court on the entire judgment that led to the contempt proceedings that BPE are duty bound to continue to fully abide by the order handed down by the Supreme Court in appeal number SC/12/2004 by satisfying the said judgment.”
The judge said the ruling from the apex court affecting this case is where the Supreme Court gave an order restraining the BPE, their servants, agents, privies, management or however called from ‘Negotiating to sell, selling, transferring or otherwise handing over the Aluminum Smelter Company Nigeria Limited (ALSCON) to any person in violation of the contract between the BPE and BFIG.”
Okoh was appointed DG of BPE on April 13, 2017, five years after the said ruling of the Supreme Court, and was relieved of the position on January 8, 2024, three weeks before the contempt ruling of January 26, 2024.
The BPE is the Federal Government agency charged with economic reforms especially the privatization and commercialization of government-owned enterprises in the country. BPE also serves as the secretariat of the National Council on Privatization (NCP), but the DG is said not to be in any capacity to take such decisions as regatds sale or concession of Federal Assets as such decisions rest by law on the NCP which is chaired by the Vice President.
It is also true that Okoh was not the DG when the transaction was executed in 2004/06 or when the Supreme Court judgment was delivered in 2012.
The judgment of April 5, 2024, has thus cleared him of the contempt entanglements concerning ALSCON, BPE and BFIG.
The legal battle between BPE and BFIG dates to 2003 when the National Council on Privatisation (NCP) approved the commencement of the privatization process for ALSCON.
