Jimoh Ibrahim, a businessman, and three of his firms have been directed by an Abuja Federal High Court to publish a notice of committal proceedings against three principal officers of the Asset Management Corporation of Nigeria (AMCON) for allegedly flouting the court’s earlier orders.
Those affected include the Managing Director/CEO, Ahmed Lawal Kuru, and two Executive Directors – Eberechukwu Uneze and Aminu Ismail. They are also defendants/alleged Contemnors in suit FHC/ABJ/CS/760/2021.
Delivering his ruling on Thursday, Justice Okon Abang decided that the said the publication constitutes proper service of Forms 48 and 49 and all other court processes to be issued in the matter.
Abang made the order on the ground that the defendants/alleged Contemnors evaded personal service of Form 48, which concerns contempt of court.
The companies suing with Ibrahim are: NICON Investment Limited, NICON Insurance Limited and NICON Reinsurance Corporation Plc.
Justice Abang issued the orders after listening to counsel to Ibrahim and his three companies, Sule Ikordeme, in a March 18 application, praying the court to grant the reliefs sought.
He recorded the appearance of M. U. Mustapha (SAN) leading other counsel from the Outer Bar but did not hear from him before taking a decision on the application “being an ex parte application that counsel for the adverse party can only be seen and not heard.”
“Having considered that the defendants/alleged Contemnors did not seek leave of court to file the appeal against the interlocutory decision of the court, dated March 9, 2022, the grounds of the appeal are grounds of facts, at best grounds of mixed law and facts,” Abang held.
“Having considered that the defendants/alleged Contemnors did not file a motion staying execution of the order made on March 9, 2022 and appeal per se does not execute as stay of execution.
“Having also considered the facts that the defendants/alleged Contemnors evaded personal service of Form 48.
“Having also considered that where Forms 48 and 49 and other court processes lawfully issued in this matter are published in the national newspapers the alleged contemnor will be served the said Forms 48 and 49.
“Having also delivered its ruling in the open court and its reasoning and conclusions are as contained in the body of the ruling and it is deserving to grant the application.
“It is hereby ordered as follows: That the plaintiff/applicant shall publish Forms 48 and 49 and other court processes to be lawfully issued in this matter in The Nation and The Punch newspapers.”
“That upon publication, its shall constitute proper service of Forms 48 and 49 and all other court’s processes to be issued in this matter the first to 12th defendants and principal officers of the first defendant that were cited for contempt by the court’s Order of March 11, 2022.”