18th October, 2012
An appeal court sitting in Lagos, southwest Nigeria, has restrained a federal high court judge, Justice Okon Abang, sitting in Lagos from further exercising any judicial power whatsoever whether for motion, hearing or ruling in respect of committal proceeding for contempt involving a limited liability company, Hensmor/NIMASA and three principal officials of First City Monument Bank Plc.
The order of the appellate court was sequel to an affidavit sworn to by a legal practitioner, Jacob Omisade, filed and argued before the court by a senior advocate of Nigeria, Professor Gabriel Olawoyin.
In the said affidavit, Mr. Omisade averred that judgment was delivered in a suit involving a limited liability company, Hensmor Nigeria Limited, and Nigerian Maritime Administration and Safety Agency, NIMASA, on 2 December, 2011 wherein Justice Okon Abang ordered NIMASA to pay Hensmor Company N6,841,108,152.05.
However, on 12 December, 2011, Hensmor Company commenced garnishee proceedings against NIMASA and several other garishees pursuant to the judgment of the court.
By virtue of a garnishee order nisi dated 15 May, 2012, the funds of NIMASA in the hands of all the banks including First City Monument Bank Plc were attached. On 2 July, the court made the garnishee order absolute attaching the funds of NIMASA with FCMB.
NIMASA being dissatisfied, filed an appeal against the said garnishee order absolute while a motion for stay of execution of the garnishee order absolute was refused by the Federal High Court. Consequently, NIMASA filed another appeal at the court of appeal for stay of execution. The appeal still pending.
On the 3 October, 2012, form 48 notice of consequence of disobedience to the order of the court was served on Mr. Ladi Balogun, Group Managing Director and Mr. Segun Odusanya, Deputy Managing Director.
Faced with the dilemma posed by the application of NIMASA at the court of appeal and the form 48 served on the two principal officers of the bank, the bank officers filed an application to stay further proceedings in the suit pending the hearing and determination of the appeal filed on behalf of NIMASA and the bank officers against the ruling of the Federal High Court made on 2 July, 2012.
Nevertheless, the Federal High Court granted an application for substituted service of form 48 and adjourned the matter for hearing of the committal proceedings for last Tuesday.
However, last Monday, after listening to the argument and submission of Professor Olawoyin, the appellate court restrained Justice Okon Abang from further exercising any judicial powers whatsoever in the matter.
On Tuesday, when the matter was mentioned before Justice Abang, the judge said the order of the Court of Appeal has been brought to his notice and thereafter, adjourned the matter till 29 November, 2012.