SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): This is an appeal by one Mr. Onocha against the Ruling of Hon. Justice T.O. Uloho of the High Court of Justice Orerokpe, Delta State delivered on 13th of April, 2011 in which the Appellant Mr. v. Onocha (a Director in the Delta State Ministry of Environment) was sentenced to (21) twenty-one days imprisonment for contempt of the court.
The summary of the facts in the appeal is as follows:
The Appellant was not a party in the substantive suit at the lower court. MTN Nigeria Communications Ltd (MTN) as claimant instituted the action in Suit No. HOR/39/2010 at the Orerokpe High Court, Delta State by an originating summons for the determination of some questions which includes:
1. Whether or not the rights enuring to the claimant by the provision of section 19 of the Nigeria Communications Commission Act Cap N94 Laws of the Federation of Nigeria, 2004 can be taken away by the provision of the Ecology Law of Delta State, 2006?
2. Wheth…