NICON: Court Orders Contempt Proceedings in Person Against AMCON, BPE Bosses
A Federal High Court, Abuja, on Friday, ordered committal proceedings against the Managing Director, Asset Management Corporation of Nigeria (AMCON), Ahmed Lawal Kuru, over alleged takeover of companies belonging to the businessman, Jimoh Ibrahim, against court order.
Justice Okon Abang, in a ruling on an ex-parte motion moved by Victor Ogbonna, counsel to Mr Ibrahim and others, also directed the plaintiffs to commence committal proceedings against Director General, Bureau of Public Enterprises (BPE), Alexander Okoh.
Justice Abang held that it was lawful to grant the committal proceeding for the defendants to come and show how they flouted the court order in spite of the undertaking by their counsel “not to take any step to undermine the res (subject matter).”
He expressed doubt if Kuru, Okoh, and others, who, he said, had contributed to the economic development of the country, would allow such direct confrontation with the law.
“They are persons that have contributed so much to the development of the country’s economy.
“I hope they will not by their action bring themselves to the direct confrontation with the law for nobody is above the law.
“I hope the allegation made against them is just in the realm of allegation.
“I hope it is not true based on the undertaking by their counsel,” the judge said.
The companies are Nicon Investment Limited, Nicon Insurance Limited and Nigeria Reinsurance Corporation PLC, including Nicon Luxury Hotel.
While the companies are 1st to 3rd plaintiffs respectively, Mr Ibrahim is the 4th plaintiff in the suit.
The News Agency of Nigeria (NAN) reports that the ex-parte motion, marked: FHC/ABJ/CS/760/2021, was dated and filed March 10.
AMCON, BPE, Lamis Shehu Dikko, Dr Henry Uko Ationu, John Abuh Oyidih, Alexander Ayoola Okoh, Ahmed Dahiru Modibbo, Mr Mela Audu Nunghe SAN, Mr Olugbenga Falekulo, Olusegun Ilori, Mrs Yvonne Isichei, and Inspector General of Police are 1st to 12th contemnor defendants respectively.
Ogbonna also sought the leave of court to join Ahmed Lawal Kuru, AMCON MD/CEO; Eberechukwu Uneze and Aminu Ismail, who are both executive directors of AMCON.
Moving the motion, Ogbonna said the application was brought pursuant to Order 9, Rule 5 of the federal High Court Civil Procedure Rules, 2019 and under the inherent powers of the court.
He said the motion prayed for an order of the court granting leave to the plaintiffs/applicants to commence committal proceeding by issuance of (form 48 and 49) against the 1st defendant and the following natural persons being principal officers of the 1st defendant/contemnor:
“(a) Ahmed Lawal Kuru, Managing Director/CEO (b) Eberechukwu Uneze, Executive Director (c) Aminu Ismail, Executive Director of Asset Management Corporation of Nigeria (AMCON) being principal officials and acting as agents of the first defendant alleged contemnor.”
He also prayed for an order granting leave to the plaintiffs/applicants to commence committal proceeding by issuance of (form 48 and 49) against the 2nd defendant and the following natural person who is also the 6th defendant in this case, viz: ALEXANDER AYOOLA OKOH – Director General, Bureau of Public Enterprises, being principal officer and acting as agent of the second defendant alleged contemnor.”
The lawyer said the application was brought on right grounds.
He said AMCON is an artificial person whose affairs are coordinated by its principal officers who include Kuru, Uneze and Ismail.
“These individuals are the prime movers and alter ego that take decision for the 1st defendant (AMCON). The alleged 1st defendant/contemnors act through the persons mentioned above,” he said.
