LAGOS JULY 4TH (URHOBOTODAY) The Asset Management Corporation of Nigeria (AMCON) has filed fresh contempt proceedings against former Democratic Peoples Party’s governorship candidate in Delta State, Great Ogboru, at a Federal High Court, Lagos, for allegedly flouting an order of the court. AMCON’s counsel, Mr. Kunle Ogunba (SAN), at the proceeding yesterday informed the court that he had filed and served Forms 48 and 49 on both Ogboru and Fiogret Ltd. AMCON’s Forms 48 (a notice of disobedience of court order) is dated June 25, 2013 and its Form 49 (a notice of consequence of disobedience of court order) is dated July 1, 2013. Trial Judge, Justice Abang had on June 24, 2013 cited Ogboru and his Fiogret Ltd for contempt over their alleged violation of the January 30, 2013 order of the court.
The judge, however, declined ordering arrest of Ogboru due to AMCON’s failure to file Forms 48 and 49 in commencing the earlier contempt suit. In his ruling on the matter, Justice Abang adjudged Ogboru and his firm, Fiogret Ltd as contemnors for flouting the order of court, which directed AMCON to tentatively take over his properties in Lagos following his alleged inability to pay N200 million loan granted them by Equatorial Trust Bank (now Sterling Bank Plc).
He also reiterated in his ruling that the plaintiff (AMCON) was “at liberty” to set in motion the necessary “machinery” to enable the court to impose appropriate sanction on Ogboru and others that might have been involved in the flouting of the order. But Ogboru’s counsel, Chief Nelson Imoh had, during the proceedings on Monday, pleaded with Justice Abang to adjourn the matter to enable his clients finalise settlement talks with AMCON. But the judge turned down Imoh’s request for an adjournment for “report of settlement”, asking: “How can you slap the court in the face and expect the court to listen to you?” He later adjourned the matter till Friday for possible settlement of “issues that are civil in nature”.
He insisted that contempt, which the defendants were accused of is criminal in nature and therefore could not be settled between parties. But Imoh, in pleading with the bank, had said: “Our position is that all hostilities in every form and manner should stop. We are pleading with Your Lordship to adjourn for parties to settle, regardless of what might have happened. We want peace to reign.” Following his appeal to the court, Imoh withdrew his application seeking the matter to be transferred to another judge. But he added that he would still have to pursue his appeal against Abang’s ruling. Ogunba, who did not oppose Imoh’s request for settlement, also withdrew an application, which was filed in response to the defendants’ application for transfer. Ogboru, his company, Friogret Ltd and six directors of the company, were accused of violently breaking into their properties located at 13A Ijora Causeway and Norman Williams Street Ikoyi, both in Lagos, which were under AMCON’s receivership, in violation of the court’s order.