ALSCON: Court Frees Ex-BPE Boss of Contempt Charges In BPE, BFIG Tango
By Patience Ikpeme
In a recent ruling, the former Director General (DG) of the Bureau of Public Enterprises (BPE), Mr. Alex Okoh, has been acquitted of contempt charges in a longstanding legal dispute between BPE and BFIG over the ownership and operation of the Aluminium Smelter Company of Nigeria (ALSCON) in Ikot Abasi, Akwa Ibom State.
The Federal High Court’s decision to acquit Okoh came after an extensive legal battle, with the court finding no basis to hold him in contempt and commit him over the dispute. Okoh, who was relieved of his position as DG of BPE in January 2024, has been fighting against the contempt charges and committal rulings through various courts, including the Supreme Court.
The legal troubles for Okoh began in December 2019 when Judge Anwuli Chikere of the Federal High Court in Abuja ordered his arrest and imprisonment for allegedly disobeying a Supreme Court order regarding the ownership controversy of ALSCON.
However, in a recent ruling, the Federal High Court in Abuja, presided over by Justice D.U. Okorowo, upheld Okoh’s request for dismissal and discharge of the contempt/committal charges against him. The court’s decision, contained in an enrolled order issued on Friday, April 5, 2024, followed Okoh’s motion on notice dated and filed on March 12, 2024, seeking his discharge from the contempt charges.
In the ruling, the judge stated that Okoh had fulfilled the requirements set forth by the Supreme Court in its order, emphasizing the need for BPE to fully abide by the court’s decision. The judge referred to the Supreme Court’s order restraining BPE from negotiating, selling, transferring, or handing over ALSCON in violation of the contract between BPE and BFIG.
It is important to note that Okoh was not the DG of BPE when the transaction took place in 2004/06, nor was he in office when the Supreme Court judgment was delivered in 2012. The court’s ruling on April 5 has now cleared him of any contempt charges related to the ALSCON, BPE, and BFIG dispute.
Okoh took up the position of DG of BPE on April 13, 2017, five years after the Supreme Court ruling. He was relieved of his position on January 8, 2024, just three weeks prior to the contempt ruling on January 26, 2024.
The ALSCON ownership dispute dates back to 2003 when the National Council on Privatisation (NCP) approved the commencement of the privatization process for ALSCON. In 2013, the federal government canceled the sale of ALSCON to BFIG Group Corporation after the latter failed to pay the agreed 10% of the offer price within the specified timeframe. BFIG Chairman, Reuben Jaja, alleged that the government’s action was a violation of a Supreme Court order.
The Bureau of Public Enterprises (BPE) is responsible for the privatization and commercialization of government-owned enterprises in Nigeria. The DG of BPE does not have the authority to make decisions regarding the sale or concession of federal assets as this authority rests with the National Council on Privatisation (NCP), chaired by the Vice President.
The recent ruling in favor of Alex Okoh brings a significant development to the long-standing ALSCON ownership dispute, bringing some clarity to the matter and potentially paving the way for further resolution.
