Federal High Court in Lagos |
The Federal High Court in Lagos state has issued a bench warrant for the arrest of the Chairman of Seplat Petroleum Development Company Plc, Dr. Ambrose Orjiako, for failing to appear in court.
The Hon. Justice Hadizat Shagari, who issued the bench warrant, had directed that Orjiako should appear before her on Monday in a contempt proceedings initiated against him by a firm,AOS Orwell Ltd.
AOS Orwell Ltd. had accused Orjiako of flouting a November 8, 2016 order made by Justice Shagari, restraining him from tampering with the assets of his company, Shebah Exploration & Production Limited, pending the determination of a debt recovery suit filed against the company.
The firm, through its lawyer, Mr. Kunle Ogunba (SAN), had urged Justice Shagari to commit Orjiako “to prison and/or protective custody of any of the detaining security agencies or at any designated prison/reformatory centre in Nigeria’s territorial landscape until he purges himself of the contempt of the majesty of this honourable court.”
At the Monday proceedings, Ogunba pointed out that though the judge had on November 15 specifically adjourned till Monday for Orjiako to appear before her, the businessman was absent from court.
He urged the judge to issue a bench warrant against Orjiako so as to prevent him from making a mockery of the court.
“The contemnor is not in court despite a subsisting order that he should appear. Your Lordship has an obligation at this stage to issue a bench warrant for his arrest, otherwise this solemn assembly will become a circus show, because it appears he is making a mockery of the court.
“I urge My Lord to issue a bench warrant at this time so that we can all protect the sanctity of the judiciary. No application can be moved without the contemnor being in court.
“It will be a sad day if the contemnor is treated with kid’s gloves. This is a golden opportunity to send a strong message,” Ogunba said.
But Orjiako’s lawyer Prof. Koyinsola Ajayi (SAN), urged Justice Shagari to decline Ogunba’s prayer for a bench warrant against his client.
Ajayi pointed the judge’s attention to an application he filed seeking to vacate the order made on November 15 directing Orjiako to appear in court.
In the application, Ajayi contended that the order was “made in error” because Orjiako was not a party to the suit.
But the judge, in a ruling, rejected Ajayi’s plea and issued a bench warrant against Orjiako.
The hon. Justice Shagari held, “I hereby grant the oral application for a bench warrant to be issued against the alleged contemnor.”
Case adjourned till December 11, 2017 for Orjiako to be produced before the court.
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The Hon. Justice Hadizat Shagari, who issued the bench warrant, had directed that Orjiako should appear before her on Monday in a contempt proceedings initiated against him by a firm,AOS Orwell Ltd.
AOS Orwell Ltd. had accused Orjiako of flouting a November 8, 2016 order made by Justice Shagari, restraining him from tampering with the assets of his company, Shebah Exploration & Production Limited, pending the determination of a debt recovery suit filed against the company.
The firm, through its lawyer, Mr. Kunle Ogunba (SAN), had urged Justice Shagari to commit Orjiako “to prison and/or protective custody of any of the detaining security agencies or at any designated prison/reformatory centre in Nigeria’s territorial landscape until he purges himself of the contempt of the majesty of this honourable court.”
At the Monday proceedings, Ogunba pointed out that though the judge had on November 15 specifically adjourned till Monday for Orjiako to appear before her, the businessman was absent from court.
He urged the judge to issue a bench warrant against Orjiako so as to prevent him from making a mockery of the court.
“The contemnor is not in court despite a subsisting order that he should appear. Your Lordship has an obligation at this stage to issue a bench warrant for his arrest, otherwise this solemn assembly will become a circus show, because it appears he is making a mockery of the court.
“I urge My Lord to issue a bench warrant at this time so that we can all protect the sanctity of the judiciary. No application can be moved without the contemnor being in court.
“It will be a sad day if the contemnor is treated with kid’s gloves. This is a golden opportunity to send a strong message,” Ogunba said.
But Orjiako’s lawyer Prof. Koyinsola Ajayi (SAN), urged Justice Shagari to decline Ogunba’s prayer for a bench warrant against his client.
Ajayi pointed the judge’s attention to an application he filed seeking to vacate the order made on November 15 directing Orjiako to appear in court.
In the application, Ajayi contended that the order was “made in error” because Orjiako was not a party to the suit.
But the judge, in a ruling, rejected Ajayi’s plea and issued a bench warrant against Orjiako.
The hon. Justice Shagari held, “I hereby grant the oral application for a bench warrant to be issued against the alleged contemnor.”
Case adjourned till December 11, 2017 for Orjiako to be produced before the court.
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