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Contempt: Innoson prays court to jail GTB MD, chairman

Contempt: Innoson prays court to jail GTB MD, chairman - the federal high, the court, innoson nigeria, Innoson, Federal High Court, court, contempt

By Francis Ekpone

Car manufacturers, Nigeria Limited, is seeking an order of the to commit the Guarantee Trust Bank managing director, Segun Agbaje, its chairman, Mrs. Osaretin Demuren and company secretary, Erhi Obebeduo, to prison for disobedience of a order.

The trio are expected to appear before in Awka to show cause why they should not be committed for and willful, unlawful violation of the subsisting orders of the Supreme , of Appeal and Court, Awka division.

According to the statement by the Head, Corporate Communications, Group, Cornel Osigwe, defendants are also expected to explain to why they interfered with or obstructed due administration of justice and condemnable impunity exhibited by them on the 29th and 30th of March, 2019 and on the 1st of April 2019 respectively.

The relief is contained in an application filed before by counsel to Innoson Nigeria Ltd, Prof McCarthy Mbadugha against Guaranty Trust Bank on what it termed “acts of thuggery, extreme hooliganism and outright lawlessness in breaking into all the properties of GTB which have been distressed and seized by the court bailiffs/sheriffs while executing a writ of fifa issued by the court.

Recall that Prof McCarthy Mbadugha obtained from the necessary leave of court and necessary process for levying execution – the writ of fifa – against GTB who failed to obey the Supreme Court and Court of Appeal’s orders, both affirming the garnishee order absolute issued by Court Ibadan in Suit No: FHC/L/CS/603/2006- ordering the bank to pay Innoson Nigeria Ltd the judgment sum of N2.4 billion with a 22 per cent interest per annum, on the judgment sum until the final liquidation of the judgment.

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The judgment debt of N2.4billion has an accrued interest of over N6.7billion, thereby resulting in the total outstanding judgment debt being over N9 billion.

However, GTB obstructed the court bailiffs/sheriffs from executing the orders of the court and also un-distressed and released from seizures all the properties of the banks seized and attached by the bailiffs/sheriffs.

GTB had, in a press statement issued on 29th March, 2019, claimed that the execution of their court order was illegal and fraudulent and that it (the bank) would resist it by any means necessary.

Innoson Nig Ltd, through its counsel, Mbadugha, in its Motion on Notice has now sought the order of the court, mandating the appearance of the cited parties on a day, date, time and venue as may be deemed fit by the court.

“They are to appear before the honourable court and show cause why they should not be committed for and sent to prison for the wilful, deliberate, wanton and unlawful violation of the subsisting orders of this court and or interfering with or obstructing the court’s due administration of Justice as epitomized by acts of hooliganism, thuggery, extreme lawlessness and condemnable impunity as exhibited on the 29th and 30th of March, 2019 and on the 1st April, 2019.

An order that the acts of thuggery, extreme hooliganism and outright lawlessness of the garnishee/debtor and or the parties cited in this application in breaking into all the properties of the garnishee/debtor distressed, attached and seized by the bailiffs/sheriffs of the honourable court pursuant to a writ of fifa issued by the honourable court for that purpose and retrieved those properties, undistressed as well as released them from attachment and or seizure amounts to a grievous contempt of this honourable court of the worst specie.

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“An order that the acts of thuggery, extreme hooliganism and outright lawlessness of the cited parties in obstructing and in stopping the sheriffs/bailiffs of the honourable court from attaching, seizing and distressing the properties of the garnishee/debtor amounts to wilful and contemptuous violation of the subsisting orders of this honourable court as well as obstructing and interfering with the course of justice and due administration of justice.

“An order denying the garnishee/debtor, the cited parties – contemnors – or any other person affiliated or related to them, their counsel further or other audience or an opportunity to seek judicial intervention or palliatives before this honourable court – or any other court of the until they purge themselves of contempt”.

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