Contempt: Businessman Urges Judge To Excuse Self

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A Nigerian businessman, Dr. Ambrose Bryant Chukwueloka Orjiako, has asked Justice Hadiza Rabiu-Shagari, to withdraw from the hearing of the suit between AOS Orwell Limited and his company,  Shebah Exploration and Product Limited.

Orjiako, also informed the court of his appeal against the bench warrant issued against him by the court, saying that until the appeal is heard and determined, the court ought to stay action in hearing of the present action.

He also told the court that the record of appeal is on is way to the Appeal Court, adding that the police have been informed of the development.

Making submission before Justice Rabiu-Shagari on Monday, Orjiako’s lawyer, O. Opasanmi (SAN), said that proceeding with the matter while the appeal is pending would amount to destroying the Res of his appeal.

Orjiako’s lawyer states: “I wish to inform the court the step taken  between last hearing date till today. The step is for the court to stand down the proceedings, and focus on the winding up petition.

“The record of appeal is on its way to Court of Appeal, and there is a pending application from the respondent to the court’s Chief Judge that the case be transferred to another court. In the light of the development, I urged the court to freeze proceedings in relations to alleged contempt and give the alleged contemnor to ventilate his right at Appeal Court. The court should deal with the winding up proceedings, while Appeal Court deal with the issue of contempt”.

Apart from the appeal, Orjiako has also filed application challenging  the jurisdiction of the court to entertain the winding up petition.

Lawyer to the petitioner, Mr. Kunle Ogunba (SAN), however admitted that he is yet to serve the alleged contemnor the court order as he is yet to obtain the Certified True Copy (CTC) of the order due to administrative bottleneck.

He therefore urged the court for a short adjournment to enable him get the CTC of the order and serve the respondent.

Meanwhile, the matter has been adjourned till January 22, 2018, for further hearing

 

 

 

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