Court Dismisses Case Filed Against NECO

The National Industrial Court sitting in Abuja on Thursday dismissed a contempt proceeding filed against the National Examination Council (NECO) by the Non-Academic Staff Union of education and Associated Institutions (NASU).

NASU, through its counsel, Mr Benjamin Ogunleye, had asked the court to commit NECO for contempt for failure to execute the judgment of the court delivered on July 26, 2010.

Counsel to NECO, Mr Bayo Oyefeso, filed a preliminary objection on grounds that the case was not properly filed before the court.

Oyefeso argued in his preliminary objection that, in every contempt proceedings, it must be proved beyond reasonable doubt that the contemnor was served with the order of the court.

The presiding judge, Justice Maureen Esowe, while delivering the judgment, held that it was not in controversy that the contemnor was not present in court when the order was made.

She also held that since it was not proved that the contemnor was served with Form 48, the proceeding was not proper.

Esowe, however, dismissed the suit and ordered that the judgment of July 26, 2010 be complied with by NECO.
“Before contempt proceeding is instituted, the judgment creditor must ensure that the order is served on the judgment debtor if the order is made in the absence of the debtor.

“Since the contemnor was not in court when the order was made and the order was not served on them, the preliminary objection is sustained.

”The judgment of this court on July 26, 2010 still subsists and the judgment debtor is hereby ordered to comply with the order therein,” she ruled.

The News Agency of Nigeria (NAN) recalls that the court had ordered NECO in the judgment to give recognition to NASU and allow its workers to join the union. (NAN)


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