A Federal High Court sitting in Abuja, on Friday, ordered the commencement of committal proceedings against the Managing Director, Asset Management Corporation of Nigeria (AMCON), , Ahmed Lawal Kuru over alleged takeover of companies belonging to a businessman, Jimoh Ibrahim, in violation of court order.
Justice Okon Abang, granted the order in a ruling on an ex-parte motion brought by Ibrahim’s lawyer Victor Ogbonna. The judge also directed the plaintiffs to commence committal proceedings against Director General, Bureau of Public Enterprises (BPE), Alexander Ayoola Okoh for similar disobedience to order of the Court.
The contempt criminal proceeding would compel the defendants to come court and show why they flouted the court order despite the undertaking by their counsel “not to take any step to undermine the res (subject matter)of a suit before the Court.
Abang 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 by 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 allegation.
AMCON was said to have taken over Nicon Investment Limited, Nicon Insurance Limited and Nigeria Reinsurance Corporation PLC and Nicon Luxury Hotel belonging to Jimoh Ibrahim .
While the companies are 1st to 3rd plaintiffs respectively, Mr Ibrahim is the 4th plaintiff in the suit. They all jointly approached the court in an ex-parte motion, marked: FHC/ABJ/CS/760/2021, dated and filed March 10.
AMCON, BPE, Lamis Shehu Dikko, Dr Henry Uko Ationu, John Abuh Oyidih, Alexander Ayoola Okoh, Ahmed Dahiru Modibbo, Mr Mela Audu Nunghe SAN, Mr Olugbenga Falekulo, Olusegun Ilori, Mrs Yvonne Isichei, and Inspector General of Police are 1st to 12th contemnors 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.
It was meant principally to commence committal proceeding by issuance of (form 48 and 49) against the 1st defendant and the following natural persons being principal officers of the 1st defendant/contemnors, he said.
“Ahmed Lawal Kuru — Managing Director/CEO (b) Eberechukwu Uneze — Executive Director (c) Aminu Ismail — Executive Director of Asset Management Corporation of Nigeria (AMCON) being principal officials and acting as agents of the first defendant alleged contemnor.”
The court also granted leave to the plaintiffs/applicants to commence committal proceeding by issuance of (form 48 and 49) against the 2nd defendant and the following natural person who is also the 6th defendant in this case, viz: ALEXANDER AYOOLA OKOH – Director General, Bureau of Public Enterprises, being principal officer and acting as agent of the second defendant alleged contemnor.”
“These individuals are the prime movers and alter ego that take decision for the 1st defendant (AMCON). The alleged 1st defendant/contemnors act through the persons mentioned above,” court heard.
The contemnors were said to have “(a) Retained the purported appointment of 3rd-11th defendants to run the affairs of the 1st and 2nd plaintiffs.
“(b.) Wrote to the Corporate Affairs Commission to remove certain directors from the 1st and 2nd plaintiffs in total disregard to the undertaking made by them and the court orders made by this Honorable court.
“(c). Appointed and retained, and unlawfully registered one LAWMATICS CONSULT LTD (1497862) as company Secretary despite their undertaking and court order.
“(d). Purportedly sold property belonging to the 3rd plaintiff, among other disobedience .
No date was fixed for the commencement of the proceeding.