A firm, AOS Orwell Ltd, has urged the Federal High Court in Lagos to compel the appearance of Seplat Petroleum Development Company Plc Chairman, Dr. Ambrosie Bryant Orjiako, for allegedly flouting court orders.
The firm, through its counsel Mr Kunle Ogunba (SAN) of Insolvency Forte, told Justice Saliu Saidu that Orjiako’s presence was required in the contempt proceedings despite his pending appeal.
Another judge, Justice Hadiza Shagari, last December 4, issued a bench warrant for Orjiako’s arrest based on an application by AOS Orwell.
The court restrained Shebah Exploration and Production Company Limited (the respondent) or its agents from dealing or tampering with its assets, funds, shares and equipment within and outside Nigeria.
AOS Orwell said despite the service of the orders on the company, Orjiako “proceeded to deal with, dissipate and/or alienate the shares/assets of the respondent contrary to the orders.”
The firm said Orjiako “is the Managing Director, Chairman/alter ego and the Chief Executive Officer of Shebah Exploration and Production”.
The firm, which initiated contempt proceedings against Orjiakor, prayed Justice Shagari for an order committing him to prison for his “willful, deliberate and orchestrated disobedience to the interim orders which metamorphosed into interlocutory orders of this honourable court”.
The court had on more than one occasion directed Orjiako to appear before it, but the Seplat chairman failed to turn up, following which Justice Hadiza issued a bench warrant for his arrest.
But, Orjiako filed a notice of appeal, as well as a motion on notice seeking stay of execution of the arrest order.
AOS Orwell, which filed its brief of argument along with a notice of preliminary objection to the motion for stay, could not execute the bench warrant.
When the matter was to come up on January 17 for hearing and report of execution of the order, parties were informed that Justice Shagari had been transferred to Kano.
During hearing last Thursday before Justice Saidu, who took over the case, Ogunba referred to a February 8 Court of Appeal judgment delivered by Justice Mohammed Garba.
The case (numbered CA/L/907c/2018) is between of First Bank of Nigeria Plc Managing Director/Chief Executive Officer Adesola Adeduntan and the Ejama-Ebubu community in Eleme, Rivers State.
Adeduntan had appealed his conviction for contempt by Justice Ibrahim Buba after the community accused the bank of refusing to release a judgment sum.
The Court of Appeal set aside Adeduntan’s conviction and discharged him “on ground that the lower court convicted and committed the appellant to prison for contempt in his absence”.
Citing the judgment, Ogunba argued that if Justice Saidu goes on to hear the substantive petition without the alleged contemnor being in court, whatsoever the court does would be set aside by the Court of Appeal.
According to him, the law is that the presence of the alleged contemnor in court is mandatory notwithstanding his appeals.
He said for the court to take further arguments on the matter, the Orjiako must be present.
AOS Orwell had obtained the interlocutory orders seeking to stop the respondent’s directors from dissipating its assets pending the hearing and determination of the application for the appointment of a provisional liquidator for Shebah Exploration and Production over an alleged multi-million naira debt.
The petitioner said despite the orders, Orjiako allegedly sold Shebah Exploration and Production’s shares to Petrolin Trading Limited on January 6 and refused to purge himself of the contempt by reversing the sale.
In a related case, Justice Muslim Hassan will on March 27 rule on a motion seeking the dismissal of a petition filed by Shebah Exploration and Production Company against African Export-Import Bank, Diamond Bank (now Access Bank) and Skye Bank Plc.
Shebah Exploration and its Chairman, Orjiako, are praying Justice Hassan to set aside the leave granted to the three banks to register an English judgment against them in Nigeria.
But, AOS Orwell, to whom Shebah Exploration is allegedly indebted, is praying Justice Hassan to dismiss Shabah Exploration’s petition against the three banks.
AOS Orwell argued that Shebah Exploration could not file any petition against the banks without first obtaining Justice Saidu’s leave, since he is already hearing the winding-up case aganst Shebah.
The firm is contending that without obtaining Justice Saidu’s permission, Shebah Exploration could not file any petition against the three banks.
But Shebah Exploration has urged Justice Hassan to ignore AOS Orwell’s motion on notice.
In a counter-affidavit by one Martins Nwankwo, Shebah Exploration described AOS Orwell as an interloper, contending that its motion on notice was brought in bad faith.
It said: “The applicant (AOS Orwell) is not a party to the present suit, which has been filed by the petitioners to set aside the orders of this court granting leave to the respondents to register a foreign judgment obtained in the High Court of England and Wales against the petitioners.
“The transaction culminating in the suit before the original court was a credit facility and other ancillary agreements between the petitioners and the respondents,to which the applicant is not privy and has no relationship whatsoever.
“The applicant was also not a party to the suit at the English High Court of England and Wales and therefore has no interest whatsoever in the subject matter of the present suit.
“I urge this court to dismiss the applicant’s motion dated 22nd October 2018 with substantial cost against the applicant, having truncated the hearing of the originating petition scheduled for the 23rd day of October 2018, necessitating the filing of processes in opposition and having been brought in bad faith.”
Justice Saidu adjourned until March 25, while Justice Hassan adjourned until March 27 for ruling.
