A Federal High Court in Lagos, has ordered the service of Committal application (Forms 48 and 49) on the First Bank Plc, at it’s headquarters, 35, Marina, Lagos, over the bank’s failure and refusal to obey an order of the court, compelling it to pay a judgment sum of N12.5 million.
Others listed to be served with the application alongside First Bank by the court are: Ibukun A. Awosika, Adesola K. Adeduntan and Francis O. Shobo, who are listed as first to fourth Contemnors in a motion Exparte application marked FHC/L/CS/825/2022, filed against them by a judgment creditor, Abdulaziz Nyanko.
Justice Peter Lifu, who presided over the court, made the service order on Friday, while granting the motion Exparte, filed by the judgment creditor, Nyanko, through his lawyer, Barrister Olukoya Ogungbeje.
The judgment creditor had approached the court, seeking the following reliefs: “an order granting him leave to commence contempt or committal proceedings against the first, second, third and fourth on ground of willful and persistent disobedience to the Order Absolute granted by the court on March 8, 2022
“An order compelling the first, second, third and fourth contemnors to personally appear before the Court to show cause why they should not be committed to prison until they purge themselves of contempt ground of wilful and persistent disobedience to the Order Absolute granted by this honourable Court on March 8, 2022.
“An order granting leave to him to serve Forms 48 and 49, on the contemnors through their reception/office at First Bank of Limited Headquarters Address at 35, Marina, Lagos to wit respectively, a. (First Bank Of Nigeria Limited) of First Bank of Nigeria Headquarters, 35, Marina, Lagos; b. (Ibukun A. Awosika) of First Bank of Nigeria Headquarters, 35, Marina, Lagos; c. (Adesola K. Adeduntan) of First Bank of Nigeria Headquarters, as 35, Marina, Lagos and d. (Francis O. Shobo) of First Bank of Nigeria Headquarters, 35, Marina, Lagos
“An order deeming the service on all the first, second, third and fourth Contemnors as personal and proper service.”
In moving the Motion Exparte, Ogungbeje told the court that the orders sought for are pursuant to Order 35 Rules 1 and 2 Of Federal High Court Civil Procedure Rules 2019; Section 287 (3); (6 6)(B) Of the Constitution of the Federal Republic of Nigeria; Order IX Rule 13 (2) and (3) of the Judgment (Enforcement) Rules.
Justice Lifu, after hearing the submission of counsel to the judgment creditor, Ogungbeje, granted only relief three, “An order granting leave to him to serve Forms 48 and 49, on the Contemnors through their reception/office at First Bank of Limited Headquarters Address at 35, Marina, Lagos to wit respectively, a. (First Bank Of Nigeria Limited) of First Bank of Nigeria Headquarters, 35, Marina, Lagos; b. (Ibukun A. Awosika) of First Bank of Nigeria Headquarters, 35, Marina, Lagos; c. (Adesola K. Adeduntan) of First Bank of Nigeria Headquarters, as 35, Marina, Lagos and d. (Francis O. Shobo) of First Bank of Nigeria Headquarters, 35, Marina, Lagos.”
Justice Lifu however declined to grant reliefs one and two, which are the order compelling the appearance of the alleged Contemnors to show cause why they should not be committed to prison.
The judge has adjourned till October 18, for report of service and further hearing on the suit.
