BEDC Tackles AGF Over Comment On Expiration Of Court Orders
THE Benin Electricity Distribution Company (BEDC) has described the alleged opinion of the Attorney-General of the Federation (AGF), which said that the ex-parte orders of the Federal High Court issued in suit No.FHC/ABJ/CS/1113/2022 – Vigeo Power Limited v. Fidelity Bank PLC & 7 Ors. on July 8, 2022, had expired after 14 days, as unfortunate.
An online medium had reported on August 23, 2022, that, “The AGF and Minister of Justice, Abubakar Malami, SAN, believes that the refusal of the sacked Managing Director of the BEDC Electricity Plc, BEDC, to vacate office is acting beyond her legal power or authority.”
Reacting to the development, the legal counsel to BEDC, Mr. Kunle Adegoke, SAN, said: “We refuse to believe that the Attorney General would publicly comment on a matter that is subjudice and sit in judgement over an order given by a court of competent jurisdiction. In the unlikely event that the opinion indeed emanated from his office as reported, then we would describe it as unfortunate, in bad faith and an invitation to anarchy.
The law is that an order of court does not expire until the court pronounces so. We refer to the decision of the Court of Appeal in Deux Projects Limited v. Access Bank PLC delivered on December 14, 2020 – CA/LAG/1342/2019, where the court corrected the impression and held that an ex-parte order would not lapse after 14 days until a court so pronounces.”
“The opinion credited to the AGF continues the recent worrying trend of abuse of state power by the many agencies of government in connection with this matter.
