Lukman Olabiyi, Lagos
Justice Chukwujekwu Aneke of the Federal High Court, Lagos has insisted that Wema Bank Plc and its seven officials cited for contempt must appear before the court.
Last Friday, Justice Aneke ordered had ordered Wema Bank and six officials cited for contempt for disobeying the order of the court to appear before the court on Monday, February 17, to explain why they should not be sent to prison for flagrant disobedience to the court’s order.
The affected officials of the bank are Managing Director Ademola Adebise, Chairman Babatunde Kasali, Deputy Managing Director Moruf Oseni, Executive Director Wole Akinleye, Executive Director Folake Sanu and Company Secretary Johnson Lebile.
But due to failure of the contemnors to appear before the court, the judge renewed its order, compelling the said officials to appear before the court on Tuesday to explain why committal to the prison order should not be made against them.
When the matter was called today, only the Company Secretary Lebile was present.
Lebile told the court that the Chairman of the bank, Kasali, travelled abroad, while other directors ordered to appear before the court were not available.
He explained to the court that the bank refused to obey the order of the court to pay the judgement sum because the bank has filed an appeal against its ruling and also filed a stay of execution of the judgement.
The contemnors’ counsel, Mr Wemimo Ogunde, in his submission over the absence of his clients, suggested to the court that he could advise Wema to pay the judgement sum into the account of the Chief Registrar of the court since there is an appeal against the judgement and application for a stay of execution of the said judgement and other pending application so that the outcome of the appeal would not be made nugatory.
Meanwhile, the counsel to Heritage Bank Ltd, Chief Ajibola Aribisala (SAN), in a counter-argument, told the court that the business of the day was for the parties cited for contempt to appear before the court to explain why they should not be sent to prison for flagrant disobedience to the court order.
He said that despite the order, the contemnors were not in court, urging the court to issue a bench warrant against the Wema officials that failed to appear, asking that the Company Secretary who was present be sent to prison to show that the court was not toothless in its ruling.
In his reaction Mr Wemimo Ogunde, while citing certain rules of the court, said last Friday the court had issued an order compelling the Wema officers cited for contempt to appear before it and by virtue of the rule Sundays and public holidays are not to be counted, arguing that, in view of this provision, the time for them to appear would expire Tuesday.
After listening to the two parties, the presiding Judge Chukwujekwu Aneke reinforced his earlier order for the parties cited for contempt to appear Tuesday, February 18.
The latest court order is sequel to two similar suits filed before the court by Heritage Bank.