Abuja – Mr Alex Okoh, a former Director-General (DG) of the Bureau of Public Enterprises (BPE), has been acquitted of contempt charges in a legal battle between BPE and BFIG.
The two organisations have been disputing the ownership and operation of Aluminium Smelter Company of Nigeria (ALSCON) in Ikot Abasi, Akwa Ibom.
Okoh, who led BPE until Jan. 2024, had been facing contempt charges and potential imprisonment since December 2019.
A Federal High Court judge in Abuja, Justice Anwuli Chikere, had previously ordered Okoh’s arrest and incarceration for purportedly defying a Supreme Court order regarding ALSCON’s ownership.
However, on April 5, Justice D.U. Okorowo of the Federal High Court in Abuja dismissed the contempt/committal charges against Okoh in Suit Number FHC/ABJ/CS/583/2004 involving BFI and BPE.
The ruling came after a motion filed on March 12, praying Okoh’s discharge.
In his ruling, Okorowa considered arguments from Okoh’s counsel, Mrs J.O. Adesina (SAN), and the response from the opposing party’s lead lawyer, P.I.N. Ikwueto (SAN), who did not oppose the application.
“It is further ordered that in light of the judgment submission, the creditor/respondent counsel must uphold the court’s majesty in the apex court’s decision on the judgment that resulted in the contempt proceedings.
“BPE is obligated to consistently adhere to the Supreme Court’s order in appeal number SC/12/2024 by satisfying the said judgment,” stated Okorowa.
The judge stated that the apex court’s ruling affecting the case was an order restraining BPE, their servants, agents, privies, and management.
He mentioned that the Supreme Court also prohibited BPE from engaging in negotiations for the sale, transfer, or handover of ALSCON to any party in breach of the contract with BFIG.
Okoh, expressing relief, clarified in a statement that he assumed the role of BPE DG on April 13, 2017, five years after the Supreme Court ruling, and was removed from the position on Jan. 8, 2024, preceding the contempt ruling on Jan. 26, 2024.
He stated that BPE was a Federal Government agency tasked with overhauling the nation’s economy, specifically focusing on the privatization and commercialization initiatives of government-owned enterprises in the country.
“BPE also functions as the secretariat of the National Council on Privatization (NCP), however, the DG is reportedly not authorized to make decisions regarding the sale or concession of Federal Assets.
“Such decisions by law rest on NCP, which is chaired by the Vice President.
“I was not the DG when the transaction was executed in 2004/2006 or when the Supreme Court Judgement was delivered in 2012.
“Hence, the judgement of April 5 has cleared me of the contempt entanglements concerning ALSCON, BPE and BFIG,” Okoh clarified in a statement.
He further clarified that the legal dispute between BPE and BFIG started in 2003 when the NCP approved the privatization process for ALSCON.
