Kuforiji-Olubi was convicted on February 18 by Justice Michael Burton of the Commercial Division of the High Court of Justice Queens Branch Division for disobeying the orders of the court.
The former minister, who was ordered to be remanded at Her Majesty Prison Holloway, got herself into jail when she attempted to repeat the levity with which high profile individuals usually treat court orders in Nigeria in London.
Her son, Olutokunbo Afolabi Kuforiji, who is said to be allegedly on the run, was equally sentenced to four months imprisonment, and ordered to be remanded at the Her Majesty Prison Pentonbiville from the day of apprehension.
The duo and their firm, Phoenixtide Offshore Nigeria Limited, were equally ordered to pay the plaintiff, Tidewater Marine International Inc., an accumulated sum of 300,000 British Pounds as cost for the litigation and indemnity before March 23.
It was gathered that trouble started for Kuforiji-Olubi when 10 years ago, Tidewater Marine International Inc., began a relationship with Phoenix Oceanlines Nigeria Limited, a business owned by the former minister, to form a company called Phoenixtide Offshore Nigeria Limited, also owned by her and her family.
By the terms of the non-exclusive agreement it was gathered, Phoenixtide was expected to provide some local support services, while Tidewater provided the most costly elements including, technical services, the vessels and access to International Oil Companies (IOCs).
Key aspects of the agreement included a marketing commission payable to Phoenixtide on all transactions carried out by the collaboration, while all payments due from the services rendered were to be made to Tidewater, after which the commission due to Phoenixtide would be paid.
The parties also agreed that any disputes that might arise between them would be submitted to the High Court in England for determination under English law, especially since both Kuforiji-Olubi and her son, Olutokunbo, the Managing Director of Phoenixtide are British citizens.
Further findings revealed that between 2008 and 2012, there were attempts to restructure the relationship in an effort to make it more mutually beneficial and in line with Nigerian extant laws.
However, these efforts were unsuccessful as Phoenixtide insisted on getting more from the deal.
This ultimately ended up in a severed business relationship between Tidewater and Phoenixtide in the fall of 2012.
Despite clear directives issued by the High Court in London, Kuforiji-Olubi and her son, Olutokunbo, both refused to comply with the court’s orders and proceedings for contempt of court were commenced against both of them.
Neither she nor her son were present for the initial hearing for their contempt, however through their lawyers, they claimed to have been unaware of the action until recently, and were apologetic and asked for more time to respond.
The judge allowed them more time but also required that they pay the unpaid and outstanding legal costs orders, which they also owed from the previous litigation.
Kuforiji-Olubi and Olutokunbo then took every step they could to postpone and delay and/or prevent the next hearing and did not pay the costs.
Approximately six months later, the contempt proceedings began, the former minister and Olutokunbo were required to be at this hearing, but neither came.
It was gathered that the reason they gave the court was that Kuforiji-Olubi was ill in Lagos and that Olutokunbo had to remain at her side 24 hours a day.
The arguments their lawyers made were unpersuasive and Justice Burton found both Kuforiji-Olubi and Olutokunbo to be in contempt.
He consequently ordered a warrant for their arrest and sentenced Kuforiji-Olubi to one month in prison and Olutokunbo to four months in prison.
However, the judge set a condition that if arrested they should be brought to court immediately and be given an opportunity to explain themselves and purge their contempt, and hopefully avoid prison.
Checks further revealed that approximately one month later, information reached the authorities that Kuforiji-Olubi was in the United Kingdom.
They visited her home in London and found her there but she was not arrested based on her claim to be quite ill. The judge then held a hearing to determine her ability to stand trial before him.
Kuforiji-Olubi had through statements made by her lawyers to the court, claimed she was essentially bed-ridden, used a wheelchair, and could only leave her residence for doctors’ appointments.
However, contrary to this claim, she had been spotted shopping and walking in London on the same day of this hearing.
Further evidence and admission from her lawyers showed that she was actually in the United Kingdom during the earlier court hearings contrary to her claim of being sick and bedridden in Lagos.
Believing that it had been deliberately misled, the court ordered her immediate arrest and appearance in person.
During the hearing, the judge invited her to simply comply with the court order and issue the letter. In response, she claimed to no longer have the power to do such as she had since resigned her chairmanship of the board of Phoenixtide and distributed her shares to members of her family.
Despite all the foregoing, the judge still wanted to avoid having to send her to prison, and he asked if her son, Olutokunbo would sign the letter and if she would ask him to.
The judge gave some time for this to happen but unfortunately she returned, stating that Olutokunbo had indicated that he would not, and Kuforiji-Olubi gave no indication that she objected to Olutokunbo’s decision.
Despite the exhaustive patience demonstrated by the judge up till this point, the court had no other option than to commit her to jail to serve her sentence.
However the court still left the door open for Olutokunbo to resolve this issue by issuing the letter directed by the court, but till date, he has not taken any steps to comply with the court’s order and secure his mother’s release from prison and remains a fugitive from the law as far as the United Kingdom is concerned.
Contempt of court, often referred to simply as “contempt”, is the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behavior that opposes or defies authority, justice, and dignity of the court."
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