The process for committing Col. David
The two other persons are Mallam Lanre Issa-Onilu, the National Publicity Secretary of the APC and Chris Azebamwan, an embattled member of the State party Exco.
A Benin High Court presided over by Hon. Justice V.O.
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The action was instituted by Anselm Ojezua Esq, the APC State Chairman and two other members of the State Exco of the party, in a representative capacity.
The order to maintain the status quo was given by the Court to prevent unauthorised elements from taking over the affairs of the APC in Edo State.
The said Col. Imuse has retained his Chairmanship position of the APC in Edo State against the order of Court.
The two other defendants were accomplices in the contemptuous enterprise of Col. Imuse. On the 18th of December, 2019 the Court gave an ex-parte order for the contempt charges to be served on Col. Imuse, Mallam Issa-Onilu and Chris Azebamwan by a publication in the national daily , for them to show cause why they should not be committed to prison for contempt of court. To disobey an order of court, which amounts to criminal contempt, attracts imprisonment for up to six months.
COL. Imuse And Lanre Issa-Onilu Ask Court To Set Aside Form 48 Unlawfully Issued And Served
Col. David
In a Motion filed on behalf of Col. Imuse by his counsel on 27/12/19, the applicant challenged the form 48 published on the ground that it was issued on 10/12/19 while Col.
Col. Imuse filed an appeal on 19/12/19 against the Ruling of the Benin High Court presided over by Justice Oviawe which held that it had jurisdiction over the internal affairs of APC while refusing to set aside an ex-parte order it made on 22/11/19 preserving the status quo before 10/11/19.
In the supporting Affidavit, Col.
The applicant said that he is within the exception of the law from being harassed by contempt proceedings as his pending appeal remains a valid challenge to both the jurisdiction of the Court and the validity of the ex-parte order made on 22/11/19. Col. Imuse asked the court to set aside the said form 48, its service by publication and the order of the court allowing substituted service of the related processes, same having being issued during the pendency of Col.
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