The Asset Management Corporation of Nigeria on Tuesday filed fresh contempt proceedings against former Delta State governorship aspirant, Great Ogboru.
AMCON filed the contempt proceedings before Justice Okon Abang of a Federal High Court Lagos against the defendant for allegedly flouting a subsisting order of court.
The News Agency of Nigeria recalls that counsel to AMCON, Kunle Ogunba (SAN) had on March 4 sued the defendant and his company, Fiogret Limited, over non-repayment of a loan.
Ogunba had argued that the defendant had refused to repay a N33 million loan facility, which he obtained from Equitorial Trust Bank Plc, for the importation of fish.
He said that in spite of repeated demands, Ogboru still willfully refused to pay.
He therefore prayed the court to appoint him a receiver/manager over the property of the defendant situated at Plot 43, Norman Williams Street, Ikoyi.
Consequently, on January 13, Abang had made a consequential order, appointing AMCON’s counsel, Ogunba, as receiver over the property.
On May 28, Ogunba informed the court that after AMCON had taken possession of the property, the defendant employed the services of thugs who came into the property and carted away several truckloads of fish.
He had therefore urged the court to cite the defendant for criminal contempt.
The judge however in his ruling on June 24, adjudged the defendant as contemnor.
However, Abang held that he could not issue a bench warrant for Ogboru’s arrest, since AMCON failed to file forms 48 and 49, use for to start a contempt proceeding.
NAN reports that form 48 is the notice of disobedience of court order, while form 49 is the notice of consequence of disobedience of court order.
The judge therefore urged AMCON to follow due process of law and ensure it commenced the contempt proceedings properly so as to invoke the powers of the court.
When the case was mentioned on Tuesday, Ogunba told the court that he had duly filed forms 48 and 49 before the court, and served same on the defendant and his company.
The judge adjourned the case till July 5 for hearing.