AMCON wants Ogboru jailed for contempt of court

The Asset Management Corporation of Nigeria on Tuesday insisted on ensuring the jailing of the former Delta State Democratic Peoples Party governorship candidate, Great Ogboru, for allegedly flouting an order of a Federal High Court, Lagos.

The AMCON counsel, Mr. Kunle Ogunba (SAN), informed the court that he had filed and served Forms 48 and 49 on both Ogboru and his Fiogret Ltd, for being in contempt of the January 30, 2013 order of the court.

Justice Okon Abang on June 24 adjudged Ogboru and Fiogret Ltd as contemnors for flouting the court order.

Abang ruled that Ogboru and others flouted the order of the court which directed the corporation to tentatively take over his properties in Lagos following his alleged inability to pay N200m loan granted them by Equatorial Trust Bank (now Sterling Bank Plc) to finance importation of fish from Europe.

However, Ogboru escaped jail term due to what the judge attributed to AMCON’s failure to follow strict rules of contempt proceedings.

Abang, however,  provided a leeway for AMCON to seek the imprisonment of Ogboru by stating in his ruling that the plaintiff (AMCON) was “at liberty” to set in motion the necessary “machinery” to enable the court to impose appropriate jail terms on Ogboru and others involved in flouting the order.

However, Ogunba, on Tuesday said he had filed the notice of disobedience of court order (Form 48) and notice of consequence of disobedience of court order (Form 49), a procedure, which Abang ruled AMCON did not include in its earlier contempt proceedings against Ogboru and others.

The corporation filed the Forms 48 dated June 25, 2013 and Form 49 dated July 1, 2013 amid pleading by Ogboru’s counsel, Chief Nelson Imoh, seeking the court to adjourn the matter to enable his clients to finalise their settlement talks with AMCON.

The judge, who referred to Ogboru and Fiogret Ltd as “defendant contemnors”, turned down the adjournment request for “report of settlement”.

He said, “How can you slap the court in the face and expect the court to listen to you?”

Adjourning the matter till Friday for possible settlement of “issues that are civil nature”, the judge insisted that the contempt charge which the defendants were accused of was criminal in nature and thus, could not be settled between parties.

Source: Punchng