NICON: Court orders committal proceedings in person against AMCON MD, BPE DG, others

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3 years ago

A Federal High Court sitting in Abuja, on Friday, ordered committal proceedings against the Managing Director, Asset Management Corporation of Nigeria (AMCON), Ahmed Lawal Kuru, over the alleged takeover of companies belonging to a businessman, Jimoh Ibrahim, against the order of the court.

Justice Okon Abang, in a ruling on an ex-parte motion, moved Victor Ogbonna, on behalf of Ibrahim and others, also directed the plaintiffs to commence committal proceedings against Director-General, Bureau of Public Enterprises (BPE), Alexander Ayoola Okoh.

The Judge held that it was lawful to grant the committable proceeding for the defendants to know how they flouted the court order despite the undertaking by their counsel “not to take any step to undermine the res (subject matter).”

He expressed doubt if Kuru, Okoh, and others, who, he said, had contributed to the economic development of the country, would allow such direct confrontation with the law.

“They are persons that have contributed so much to the development of the country’s economy. I hope they will not, byte their action bring themselves to the direct confrontation with the law for nobody is above the law.

“I hope the allegation made against them is just in the realm of the allegation. I hope it is not true based on the undertaking by their counsel,” the judge held.

The companies are Nicon Investment Limited, Nicon Insurance Limited and Nigeria Reinsurance Corporation PLC, including Nicon Luxury Hotel.

While the companies are 1st to 3rd plaintiffs respectively, Jimoh Ibrahim is the 4th plaintiff in the suit, in the ex-parte motion, marked: FHC/ABJ/CS/760/2021, filed March 10.

AMCON, BPE, Lamis Shehu Dikko, Dr Henry Uko Ationu, John Abuh Oyidih, Alexander Ayoola Okoh, Ahmed Dahiru Modibbo, Mela Audu Nunghe SAN, Olugbenga Falekulo, Olusegun Ilori, Mrs Yvonne Isichei, and Inspector General of Police are 1st to 12th contemnor defendants respectively.

Ogbonna also sought the leave of court to join Ahmed Lawal Kuru, AMCON MD/CEO; Eberechukwu Uneze and Aminu Ismail, who are both executive directors of AMCON.

Moving the motion, Ogbonna said the application was brought pursuant to Order 9, Rule 5 of the Federal High Court Civil Procedure Rules, 2019 and under the inherent powers of the court.

He said the motion prayed for an order of the court granting leave to the plaintiffs/applicants to commence a committal proceeding by the issuance of (form 48 and 49) against the 1st defendant and the following natural persons being principal officers of the 1st defendant/contemnor.

He also prayed for an order granting leave to the plaintiffs/applicants to commence a committal proceeding by the issuance of (form 48 and 49) against the 2nd defendants.

The lawyer said AMCON is an artificial person whose affairs are coordinated by its principal officers who include Kuru, Uneze and Ismail.

He said: “The above named natural persons sought to be served with Forms 48 of this Honourable Court, being principal officers of the 1st and 2nd defendants respectively, acted in contempt against the jurisdiction of this Honourable Court by taking certain actions to undermine the subject matter of the suit:

Ogbonna, who said the application was necessary “for the preservation of the res pending the conclusion of the matter,” also said that it would be in the interest of justice that the application is granted.

Justice Abang, in the ruling, held that though it was a legal impossibility to commence a committal proceeding against AMCON and BPE to commit them to correctional centre, the natural persons that take action on their behalf can be committed to prison.

Abang said that despite the undertaking by the counsel to the defendants on August 16, 2021, before Justice Ahmed Mohammed and reaffirmed on March 9 before him to maintain the status quo, they were alleged to have acted in disobedience to the undertaking and the court order.

He, therefore, ordered that the names of Kuru, Uneze and Ismail and their designations be endorsed on Forms 48 and 49 and serve on them to enable the court to hear from them.

No date has been fixed for the commencement of the proceeding.

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