Former president,
Chief Olusegun Obasanjo, has filed an appeal against the ruling of the Federal
High Court in Abuja, which ordered that his book, “My Watch” be confiscated
after disobeying an injunction restraining its publication, saying: “I’m not
guilty of contempt for publishing my book.”
Obasanjo, in his
appeal, declared that the media reports which conveyed the impression that he
intended to “dare confront a judge or the judiciary” were highly misleading.
Justice Valentine
Ashie of the Federal High Court in Abuja had ruled on Wednesday, that
irrespective of the public presentation, the former President erred by not
obeying his court injunction.
However, Obasanjo,
through his legal team, led by Gboyega Oyewole, filed an appeal challenging the
confiscation order, declaring 10-grounds to support the appeal.
He argued that the
trial judge erred in his ruling.
In the appeal with
Suit No. CV/472/14, copy which was made available to journalists in Abeokuta
yesterday, the counsel contended that Obasanjo was dissatisfied with the ruling
of the court and “appealed against the said ruling upon the grounds set
forth...”
Among the 10
grounds of appeal according the counsel, include that, “the learned trial judge
erred in law when he granted interlocutory orders of injunction which inter
alia restrained the defendant from the publication of his book or the content
of the letter to the President which is the subject of the suit before the
trial judge in the said book, “My Watch.”
They further backed
with particulars, stating that:
(a) There was uncontradicted affidavit
evidence that the defendant’s book “My Watch” had been published and released
to the public before the making of the interlocutory order.
(b) “The plaintiff
never alluded to this fact in his affidavit before the court.
(c) It is settled
law that an injunction does not lie to restrain a completed act.
(d) His
lordship failed and/or neglected to allude to the affidavit evidence before
making the interlocutory order.
The learned trial
judge erred in law and exercised its discretion wrongfully in granting the
orders of interlocutory injunction subject of this appeal against the defendant
restraining him from publishing his book, “My Watch” or publishing his letter
subject of the suit in the said book. “
In a statement
signed by Vitalise Ortese, which was made available to journalists in Abeokuta,
the former president noted that “since the news of the said order broke, he
(Obasanjo) has been receiving calls from concern friends from far and near and
he is constrained to make this release and present the facts as they relate to
the book and it’s public presentation.
The statement read:
“Chief Olusegun Obasanjo wishes to state that the media reports which convey
the impression that he intended to “dare or confront a judge or the judiciary”
is highly misleading. Far from this, on the contrary, the former president is a
law abiding citizen who will only pursue his rights within the law and will not
“dare” a judge or knowingly flout an order of a Court of competent
jurisdiction.
“The former
president wishes to make it clear that in the first instance, no formal order
from Justice Ashi was served and received by either himself or by proxy
regarding any injunction restraining the publication of the book, “My Watch”
which from the records was already in circulation.”
He noted that 10
points had been raised already for the court to clear, adding that the
implication which is to suspend the enforcement of the orders until the
application is determined, should not be lost on all concerned.
“The former President
reiterates his regard for due process on judiciary and rule of law, and
recognises that the order is from the court and not the governments it has been
attributed in some quarters.”
