A Federal High Court, sitting in Lagos has adjourned till March 25, 2024, to hear a contempt suit filed against First Bank Nigeria Limited and its three officials, by a judgment creditor, Abdulaziz Nyanko.
Trial judge is Justice Peter Lifu.
Other as alleged contemnors alongside First Bank are it’s former Managing Director, Mrs. Ibukun Awosika; the current Managing Director Managing Director of the bank, Mr. Adesola Adeduntan and Francis Shobo, the bank’s former Deputy Managing Director.
Justice Lifu had on January 12, 2024, fixed the date, after taking arguments from judgment creditor/applicant’s counsel, Olukoya Ogungbeje and alleged contemnors’ counsel, E. Okorie.
At the hearing of the suit, the judgment Creditor/applicant, Nyanko, through his lawyer, informed the court that the business of the court, was to hear the contempt application against First Bank and it’s officials, whom he said have continue to flagrantly disobey the garnishee Order Absolute, granted by Justice M. idris, now sitting as Appeal Court Judge, on March 8, 2022, in suit marked FHC/L/CS/149/2019, Between AbdulAziz Nyako Vs Economic and Financial Crimes Commission, EFCC and others.
Ogungbeje told the court that the contempt suit against the First Bank and it’s officials, was pursuant to Section 72 of the Sheriffs And Civil Process Act; Order 35 Rules 1.2 (1)(2) of the Federal High Court Civil Procedure Rules 2019; Order IX Rule 13 (2)(3) of the Judgments Enforcement Rules; Order 26 of the Federal High Court Civil Procedure Rules 2019 and under the court’s Inherent Jurisdiction Preserved By Section 6 (6)(A)(B) of the 1999 Constitution of the. Federal Republic Of Nigeria.
Ogungbeje submitted that, since contempt proceeding was quasi-criminal in nature, the alleged contemnors must first appeared before the court before any application from them can be entertained.
But counsel to First Bank and it’s co-alleged contemnors, Okorie, told the court that he has objection to the judgment creditor/applicant’s application.
Okorie told the court that his objection was premised on jurisdiction, saying that the court lacked jurisdiction, since appeal has been entered.
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However, Justice Lifu, after taking submissions from parties, adjourned to March 25, to hear all applications in relations to the contempt suit.
The judgment Creditor/applicant had asked the court for the following: “a declaration that the contemnors sought to be committed are bound to obey and comply with the Garnishee Order Absolute, granted on March 8, 2022, in Suit No: FHC/L/CS/149/2019 Between AbdulAziz Nyako Vs EFCC & Ors., upon the disclosure of sufficient funds belonging to the judgment debtors domiciled with them and in the absence of any pending positive order from this court or Court of Appeal granting a stay of execution of the garnishee order absolute.
“An order of the court convicting and committing the 1st contemnor herein First Bank of Nigeria Limited for willfully and deliberately disobeying the order of this court made on March 8, 2022.
“An order of the court convicting and committing the 2nd contemnor herein, Ibukun Awosika to the prison, Ikoyi, Lagos for willfully and deliberately disobeying, the order of this court made on March 8, 2022
“An order of the court convicting and committing the 3rd contemnor herein Adesola Adeduntan to Ikoyi prison for willfully and deliberately disobeying the order of this court made on March 8, 2022.
“An order of the court convicting and committing the 4th contemnor herein Francis Shobo to prison for willfully and deliberately disobeying the order of this court made on March 8, 2022
“An order of the court that all the contemnors shall remain committed and incarcerated in Ikoyi Prison custody until they purge themselves of contempt of court.”
