Innoson Motors Nigerian Limited has dragged Guaranty Trust Bank’s Manging Director, Segun Agbaje and Chairman, Mrs Osaretin Demuren before a Federal High Court in Awka, Anambra State for contempt.
The motor company had asked the court to compel Segun Agbaje, Mrs Osaretin Demuren and the Company Secretary, Erhi Obebeduo to physically appear before the Federal High Court, Awka to show cause why they should not be committed to prison for contempt of Court.
Innoson in the petition before the court,prayed that the said persons should be sent to prison for their willful, deliberate, wanton and unlawful violation of the subsisting Orders of the Supreme Court, Court of Appeal and the Federal High Court, Awka division and or for interfering with or obstructing due administration of Justice as shown by their acts of hooliganism, thuggery, extreme lawlessness and condemnable impunity exhibited by them on the 29th and 30th of March, 2019 and on the 1st of April 2019.
These reliefs were contained in an application filed before a Federal High court in Awka, by Counsel to Innoson Nigeria Ltd, Prof McCarthy Mbadugha Esq against Guaranty Trust Bank for its allegedly 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 of competent jurisdiction.
It could be recalled that Prof McCarthy Mbadugha Esq had on behalf of Innoson motors obtained from Court the requisite leave and necessary process for levying execution- the writ of fifa against GTB who failed to obey the Supreme Court and Court of Appeal’s Order affirming the Garnishee order absolute issued by the Federal High 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.
The Judgment debt of N2.4Billion has accrued interest of over N6.7Billion as at today, thereby resulting in the total outstanding judgment debt of over N9 Billon.
According to the petition, Innoson alleged that GTB had through acts of thuggery, hooliganism, lawlessness and outright impunity committed in the company of thugs and hoodlums procured by the cited parties- Segun Agbaje, Mrs Osaretin Demuren, Erhi Obebeduo -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.
The Nnewi based motor company claimed that the acts were in furtherance and in realization of the bank’s press release on 29th March 2019 that the execution is illegal and fraudulent and that it would resist it by any means necessary.
Innoson Nig Ltd through its counsel Prof McCarthy Mbadugha Esq in its Motion on Notice had sought the following prayers among others :,an order of the Honourable Court commanding and or mandating the appearance of the said parties on a day, date, time and venue as may be deemed fit by this Honourable Court for them to physically appear and show cause why they should not be committed for contempt and sent to prison for the wilful, deliberate, wanton and unlawful violation of the subsisting Orders of this Honourable 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.
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 Federal High Court until they purge themselves of contempt”.
– Apr. 25, 2019 @ 12:09 GMT |