Lagos Businessman Asks Court To Stay Execution Of Bench Warrant
Lagos business man Dr Ambrose Bryant Chukwueloka Orjiako, whose arrest was ordered by a Federal High Court sitting in Lagos for alleged disobedience of the court’s order has filed an application before the court seeking the stay of the execution of the order of the court pending hearing and determination of the appeal filed against the order.
Ojiakor is also urging the court to restrain the Deputy Sherrif of the Court, the Inspector General of Police and all officers under the command of the Nigerian Police force from executing the order of the arrest pending the hearing and determination of the appeal filed against the order.
In an affidavit filed in support of the application sworn to by one Temidayo Alade and filed before the court by Professor Kanyinsola Ajayi, SAN ,the deponent, averred that,the court ordered the appointment of a provisional liquidator over Shebah Exploration and Product Limited and restrained the applicant from tampering with the company’s fixed and immovable assets
However the Petitioner, AOS Orwell Limited company alleging a breach of the exparte order of the court served on the applicant form 48 and undated form 49.
In the form 49 the petitioner sought an order to lift the veil of the incorporation of the Shebah exploration and product company to permit, authorise, contempt proceeding against Dr. Orjiakor, the application is still pending before the court and has not been granted.
Orjiakor being dissatisfied with the Bench warrant order, has filed a notice of appeal to the court of Appeal against the bench warrant and says the notice of appeal raises recondite issues of law to be decided upon by the court of appeal.
Consequently, Orjiakor is urging the court to order the stay the execution of the order for bench warrant issued for his arrest pending the hearing and final determination of the appeal filed against the order.
The Presiding Judge Hadizat Shagari has adjourned till Monday,December 11, 2017. for further hearing.
In addition the applicant has filed application before the court challenging the jurisdiction of the court to entertain the winding up petition.
The applicant has also filed an application challenging the competence of Forms 48 and 49 issued by the Petitioner, which is still pending before the court.