Members of Ejama Community in Ogoniland have urged the
Federal High Court in Lagos to jail the Chairman of First Bank Nigeria Limited,
Mrs. Ibukun Awosika, over the bank’s alleged failure to pay them a judgment sum
of N74bn.
The community members had in 2010 got judgment against Shell Petroleum
Development Company in an oil spillage lawsuit, with the court awarding N74bn
in their favour.
According to the community, while going on appeal and seeking an order staying the judgment execution, First Bank had stood as the guarantor for the oil company.
The oil company, however, lost the appeal.
Counsel for the Ogoni community, Chief Rafiu Lawal-Rabana (SAN), contended that despite the court judgment awarding N74bn in favour of his clients since 2010, First Bank had refused to obey the court judgment.
He, therefore, filed applications for contempt proceedings, seeking the imprisonment of the bank’s chairman.
According to the community, while going on appeal and seeking an order staying the judgment execution, First Bank had stood as the guarantor for the oil company.
The oil company, however, lost the appeal.
Counsel for the Ogoni community, Chief Rafiu Lawal-Rabana (SAN), contended that despite the court judgment awarding N74bn in favour of his clients since 2010, First Bank had refused to obey the court judgment.
He, therefore, filed applications for contempt proceedings, seeking the imprisonment of the bank’s chairman.
At the Wednesday’s hearing before Justice Ibrahim Buba, Lawal-Rabana, however,
lamented the absence of the bank’s chairman, despite being summoned.
“I have observed that the 2nd and 3rd contemnors are not in court. By the nature of this application and proceedings, they are bound to be in court because they were summoned to be in court to show cause why they will not be charged for contempt.
“As it is now, no proceedings can be conducted. Though, I do know that the second and third contemnors are highly placed people, there is no immunity for them.
“It is our prayer that the contemnors must be in court before proceedings can commence,” Lawal-Rabana said.
But counsel for First Bank, Chief Wole Olanipekun (SAN), said his clients had already filed a preliminary objection, challenging the court’s jurisdiction to hear the contempt proceedings.
He argued that until the preliminary objection was decided by the court, his clients were not mandated to be in court.
In a short ruling, Justice Buba upheld Olanipekun’s argument that the bank’s chairman’s presence in court was not necessary until the court decides the application challenging its jurisdiction.
The judge, therefore, adjourned till May 14, 2018 to hear the defendants’ preliminary objection.
“I have observed that the 2nd and 3rd contemnors are not in court. By the nature of this application and proceedings, they are bound to be in court because they were summoned to be in court to show cause why they will not be charged for contempt.
“As it is now, no proceedings can be conducted. Though, I do know that the second and third contemnors are highly placed people, there is no immunity for them.
“It is our prayer that the contemnors must be in court before proceedings can commence,” Lawal-Rabana said.
But counsel for First Bank, Chief Wole Olanipekun (SAN), said his clients had already filed a preliminary objection, challenging the court’s jurisdiction to hear the contempt proceedings.
He argued that until the preliminary objection was decided by the court, his clients were not mandated to be in court.
In a short ruling, Justice Buba upheld Olanipekun’s argument that the bank’s chairman’s presence in court was not necessary until the court decides the application challenging its jurisdiction.
The judge, therefore, adjourned till May 14, 2018 to hear the defendants’ preliminary objection.
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