'My Watch': Obasanjo Appeals Against Confiscation Order

Former president, Chief Olusegun Obasanjo, has appealed against the
ruling of the Federal High Court in Abuja, which ordered that his
autobiography, "My Watch", be confiscated for disobeying an injunction
restraining its publication. He argued that he is not guilty of
contempt "for publishing my book."

Obasanjo had presented a three-volume book to the public, which a
chieftain of the Peoples Democratic Party (PDP), Buruji Kashamu
instituted a legal action against, following a libel suit he had
earlier filed against the former president.

Presiding judge, Justice Valentine Ashie, on Wednesday, ruled that
irrespective of the public presentation, the former President erred by
not obeying his court injunction.

Obasanjo, through his legal team, led by Gboyega Oyewole, however
filed an appeal challenging the confiscation order, declaring
10-grounds to support the appeal.

Among the 10 grounds of appeal, according to the former president's
counsel, include that, "the learned trial judge erred in law when he
granted interlocutory orders of injunction which inter alia restrained
the defendant from the publication of his book or the content of the
letter to the President which is the subject of the suit before the
trial judge in the said book, "My Watch."

"(a) There was uncontradicted affidavit evidence that the defendant's
book "My Watch" had been published and released to the public before
the making of the interlocutory order.

"(b) The plaintiff never alluded to this fact in his affidavit before
the court. (c) It is settled law that an injunction does not lie to
restrain a completed act. (d) His lordship failed and/or neglected to
allude to the affidavit evidence before making the interlocutory
order.

"The learned trial judge erred in law and exercised its discretion
wrongfully in granting the orders of interlocutory injunction subject
of this appeal against the defendant restraining him from publishing
his book, "My Watch" or publishing his letter subject of the suit in
the said book."

Obasanjo also released a statement saying he did not flout the court's
order. The statement released through his library, The Olusegun
Obasanjo Presidential Library (OOPL) and signed by Vitalise Ortese,
noted that "since the news of the said order broke, he (Obasanjo) has
been receiving calls from concerned friends from far and near and he
is constrained to make this release and present the facts as they
relate to the book and it's public presentation.

"Chief Olusegun Obasanjo wishes to state that the media reports which
convey the impression that he intended to 'dare or confront a judge or
the judiciary' is highly misleading. Far from this, on the contrary,
the former president is a law abiding citizen who will only pursue his
rights within the law and will not 'dare' a judge or knowingly flout
an order of a Court of competent jurisdiction.

"The former president wishes to make it clear that in the first
instance, no formal order from Justice Ashi was served and received by
either himself or by proxy regarding any injunction restraining the
publication of the book, "My Watch" which from the records was already
in circulation."

"The former president reiterate his regard for due process on
judiciary and rule of law, and recognises that the order is from the
court and not the governments it has been attributed in some
quarters."