Justice Evoh Chukwu of a Federal High Court sitting in Abuja has insisted that the Managing Director of Coca-Cola, Adeola Adetunji, must appear before the court since he has been served the processes in a case brought against him and his company.
The court also ordered the Nigerian Bottling Company Limited Chief Executive Officer, Ben Langat, to ]appear before it.
The Federal Government, through the Office of the Attorney-General of the Federation, filed a criminal charge against the Coca-Cola CEO over allegation that the company produced substandard products.
At the last adjourned date, the court ordered that the Coca-Cola and NBC helmsmen must appear in court.
But when the case came up on Monday, the CEOs of the two companies were absent.
When the trial judge asked about their whereabout, Gbolahan Elias (SAN) told the court that they were not present in court despite admitting that they have been served with the processes in the case.
At this point, Justice Chukwu frowned at the submissions of the lawyer and warned counsel against terrorising the court.
He cautioned that impunity against court orders must stop.
Justice Chukwu, apparently displeased about the absence of the accused persons, said though he would not immediately take their pleas on the charges preferred against them because of the preliminary objections, his order should be respected with their physical presence in the court.
Prior to the judge’s charge, counsel to Coca-Cola and Adetunji, Elias, was laying ground for their objection on the case when counsel to the government, Chief Bayo Ojo (SAN), objected and said: “The court ordered a substituted service and that has been carried out and the proof of service is before the court.
“I am surprised that the accused persons are not in court today, my lord.”
But Elias, while admitting that the order for substituted service was given, insisted: “Before the motion by the learned silk for the substituted service, there was a preliminary objection that he did not have the authorization to prosecute this matter.
“My lord, it is important that we resolve this issue of representation.”
Responding, Ojo insisted: “My lord, the issue is that an order was given by this honourable court and the order has been effected.
“Out of respect for the court my lord, the issue is that once an order of court is given, it must be carried out.
“The order stands until it is set aside by the court.”
At this point, the judge said to Elias: “I ordered that they be served through substituted means and have they been served?
“Do we have proof of court service in the file?
“Yes, learned silk they have been served. And they are not in court today”.
“Last week, I gave an order and said it is not an era of impunity.
“There is terrorism against the court and I will not entertain terrorism against the court from a senior member of the bar.
“They must be here since they have been served.
“I want to see them.”
Justice Chukwu has adjourned the case to December 18, 2014.
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