Court rules Thursday in AMCON’s contempt charge against Ogboru

[TGD]

 JUSTICE Okon Abang of the Federal High Court, Lagos yesterday said he will Thursday decide if the Assets Management Corporation of Nigeria (AMCON) can commence with its contempt proceedings against a former Democratic People's Party (DPP) governorship candidate in Delta State, Great Ogboru for allegedly flouting a subsisting order of the Federal High Court, Lagos.

The judge said he will on that day hear the motion for stay of proceedings filed by Ogboru and that if the motion fails, AMCON could proceed with the contempt action.

Ogboru had filed a motion seeking stay of proceedings pending the determination of an appeal in respect of the matter. As a result, the judge fixed May 30, 2013 for hearing of the motion for stay of proceedings.

Abang said: "I will issue a bench ruling on the next adjourned date after hearing the motion for stay of proceedings. If the ruling is against (Ogboru and others), I will proceed to hear the contempt application."

Joined in the contempt application are directors of Ogboru's company, Fiogret Limited. They are Turner Ogboru, Victor Agbenrien, Muibi Sunmonu, Mike Ladesuyi, Roland Ogboru and Raphael Uwhumakpor.

AMCON, in the contempt motion wants the court to declare that: "The acts of thuggery, extreme hooliganism and outright lawlessness of the cited parties in violently breaking into all the properties in receivership in conjunction with thugs, hoodlums, area boys and all manner of street urchins in spite of the subsistence of a restraining order amounts to grievous contempt of worst specie of the court."

AMCON had secured a court order empowering it to appoint a receiver/manager in the person of Kunle Ogunba (SAN) over the assets of Fiogret, which were used to obtain a loan from Equatorial Trust Bank (now Sterling Bank).

The loan portfolio had since been taken over by AMCON.

After Ogunba had taken possession of the assets pursuant to the court order, Ogboru and his officers were alleged to have used thugs and street urchins to invade the premises, overpowered the security men and carted away several truck loads of fish to an unknown destination, despite an earlier advice to the contrary by trial judge, Justice Okon Abang.

Ogboru, in a supporting affidavit to the contempt proceedings, was also alleged to have threatened to "deal with the receiver/manager for executing the orders of court."



The Guardian