The Federal High Court in Abuja yesterday ordered billionaire Jimoh Ibrahim and three of his companies to issue a notice of committal proceedings against three senior executives of the Asset Management Corporation of Nigeria (AMCON) for allegedly disobeying the court’s previous orders.
Ahmed Lawal Kuru, the Managing Director/CEO, and two Executive Directors, Eberechukwu Uneze and Aminu Ismail, are among those impacted. In the case FHC/ABJ/CS/760/2021, they are also defendants/alleged Contemnors.
The stated publication, according to Justice Okon Abang, constitutes adequate service of Forms 48 and 49, as well as any further court procedures to be issued in the case.
The judge issued the order after the defendants/alleged Contemnors failed to receive personal service of Form 48, which deals with contempt of court.
NICON Investment Limited, NICON Insurance Limited, and NICON Reinsurance Corporation Plc are the firms suing Ibrahim.
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Sule Ikordeme, counsel for Ibrahim and his three firms, filed an application with the court on March 18 requesting that the court grant the reliefs requested.
He noted the presence of M. U. Mustapha (SAN) and other Outer Bar lawyers, but did not hear from them before making a ruling on the application, which he described as “an ex parte application in which counsel for the opposite party can only be seen and not heard.”
“Having noted that the defendants/alleged Contemnors did not seek permission of court to file the appeal against the court’s interlocutory judgment of March 9, 2022, the grounds of the appeal are facts, at best mixed law and facts,” Justice Abang wrote.
“Having noted that the defendants/alleged Contemnors did not submit a petition to stop the execution of the order entered on March 9, 2022, and that an appeal does not serve as a stay of execution in and of itself.”
“Having further taken into account the fact that the defendants/alleged Contemnors failed to receive personal service of Form 48.
“Having also taken into account that if Forms 48 and 49, as well as other court procedures validly issued in this case, are published in national publications, the accused contemnor will be served with the abovementioned Forms 48 and 49.”
“It is deserved to approve the application, having also presented its judgement in open court, and its reasons and conclusions are as described in the body of the ruling.”
“It is now directed that the plaintiff/applicant should publish in The Nation and The Punch newspapers Forms 48 and 49 and other court proceedings to be duly issued in this case.”
“That upon publication, it shall constitute appropriate service of Forms 48 and 49, as well as any other court processes to be issued in this case, on the first to 12th defendants and senior officials of the first defendant who were cited for contempt by the court’s Order of March 11, 2022.”
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