Lagos lawyer, Mr. Femi Falana (SAN), has responded to the summons issued to him by Justice J.D. Peters of the National Industrial Court, saying the judge lacks jurisdictional competence to summon him to explain his comment.
Falana, in a motion on notice filed to challenge the summon, said the procedure adopted by the judge in inviting him was illegal.
He is praying for an order setting aside the order of the court directing him to appear before Justice Peters to justify the statement credited to him in a newspaper publication where he was alleged to have said that “courts in Nigeria are supermarkets where justice is sold.”
Falana said the procedure adopted by the judge to initiate contempt ex facie curiae (contempt outside court) against him was alien to the Constitution, the NIC Act and its Rules of Procedure.
He said,”Before condemning the applicant for contempt of court ex facie curiae, he was never charged by Honourable Justice J.D. Peters for the offence.
“The applicant has not been served with the charge of contempt of court ex facie curiae to warrant his appearance before Honourable Justice J.D. Peters.
“Honourable Justice J.D. Peters is the accuser, the prosecutor, the witness, the judge in the charge of contempt ex facie curiae purportedly committed by the applicant.
“The order made by Honourable Justice J.D. Peters was actuated by bias and malice towards the applicant.”
He contended that Justice Peters cannot use his judicial powers to gag or intimidate him.
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