Innoson Motors Nigerian Limited
has dragged Guaranty Trust Bank’s Manging Director, Segun Agbaje and Chairman,
Mrs Osaretin Demuren before a Federal High Court in Awka, Anambra State for
contempt.
The motor company had asked the
court to compel Segun Agbaje, Mrs Osaretin Demuren and the Company Secretary,
Erhi Obebeduo to physically appear before the Federal High Court, Awka to show
cause why they should not be committed to prison for contempt of Court.
Innoson in the petition before
the court,prayed that the said persons should be sent to prison for their
willful, deliberate, wanton and unlawful violation of the subsisting Orders of
the Supreme Court, Court of Appeal and the Federal High Court, Awka division
and or for interfering with or obstructing due administration of Justice as
shown by their acts of hooliganism, thuggery, extreme lawlessness and
condemnable impunity exhibited by them on the 29th and 30th of March, 2019 and
on the 1st of April 2019.
These reliefs were contained in
an application filed before a Federal High court in Awka, by Counsel to Innoson
Nigeria Ltd, Prof McCarthy Mbadugha Esq against Guaranty Trust Bank for its
allegedly acts of thuggery, extreme hooliganism and outright lawlessness in
breaking into all the properties of GTB which have been distressed and seized
by the Court bailiffs/sheriffs while executing a writ of fifa issued by the
Court of competent jurisdiction.
It could be recalled that Prof
McCarthy Mbadugha Esq had on behalf of Innoson motors obtained from Court the
requisite leave and necessary process for levying execution- the writ of fifa
against GTB who failed to obey the Supreme Court and Court of Appeal’s Order
affirming the Garnishee order absolute issued by the Federal High Court Ibadan
in Suit No: FHC/L/CS/603/2006- ordering the bank to pay Innoson Nigeria Ltd the
judgment sum of N2.4 Billion with a 22 per cent interest, per annum, on the
judgment sum until the final liquidation of the judgment.
The Judgment debt of N2.4Billion
has accrued interest of over N6.7Billion as at today, thereby resulting in the
total outstanding judgment debt of over N9 Billon.
According to the petition,
Innoson alleged that GTB had through acts of thuggery, hooliganism, lawlessness
and outright impunity committed in the company of thugs and hoodlums procured
by the cited parties- Segun Agbaje, Mrs Osaretin Demuren, Erhi Obebeduo
-obstructed the Court bailiffs/Sheriffs from executing the orders of the Court
and also un-distressed and released from seizures all the properties of the
banks seized and attached by the bailiffs/Sheriffs.
The Nnewi based motor company
claimed that the acts were in furtherance and in realization of the bank’s
press release on 29th March 2019 that the execution is illegal and fraudulent
and that it would resist it by any means necessary.
Innoson Nig Ltd through its
counsel Prof McCarthy Mbadugha Esq in its Motion on Notice had sought the
following prayers among others :,an order of the Honourable Court commanding
and or mandating the appearance of the said parties on a day, date, time and
venue as may be deemed fit by this Honourable Court for them to physically
appear and show cause why they should not be committed for contempt and sent to
prison for the wilful, deliberate, wanton and unlawful violation of the
subsisting Orders of this Honourable Court and or interfering with or
obstructing the court’s due administration of Justice as epitomized by acts of
hooliganism, thuggery, extreme lawlessness and condemnable impunity as
exhibited on the 29th and 30th of March, 2019 and on the 1st April, 2019.
An order that the acts of
thuggery, extreme hooliganism and outright lawlessness of the garnishee/debtor
and or the parties cited in this application in breaking into all the
properties of the garnishee/debtor distressed, attached and seized by the
bailiffs/sheriffs of the Honourable Court pursuant to a writ of fifa issued by
the Honourable Court for that purpose and retrieved those properties, undistressed
as well as released them from attachment and or seizure amounts to a grievous
contempt of this Honourable Court of the worst specie.
An order, that the acts of
thuggery, extreme hooliganism and outright lawlessness of the cited parties in
obstructing and in stopping the Sheriffs/bailiffs of the Honourable Court from
attaching, seizing and distressing the properties of the Garnishee/Debtor
amounts to wilful and contemptuous violation of the subsisting orders of this
Honourable Court as well as obstructing and interfering with the course of
justice and due administration of justice.
An order denying the
Garnishee/Debtor, the cited parties – contemnors – or any other person
affiliated or related to them, their counsel further or other audience or an opportunity
to seek judicial intervention or palliatives before this Honourable Court – or
any other Court of the Federal High Court until they purge themselves of
contempt”.
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