Bizman Pleads with Court over Bench Warrant
A businessman, Dr. Ambrose Orjiako, has asked a Federal High Court, sitting in Lagos, to stay the execution of the arrest order issued by the court against him, over alleged disobedience of court order, pending the hearing and final determination of the appeal filed against the order.
Ojiakor, who the court earlier issued a bench warrant against, is urging the court to restrain the Deputy Sheriff 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.
The businessman in an affidavit 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 Company Limited and restrained the applicant from tampering with the company’s fixed and immovable assets.
However, the petitioner, AOS Orwell Company Limited, is alleging a breach of the ex parte order of the court, served on the applicant Form 48 and undated Form 49.
The presiding judge, Justice Hadizat Shagari, has fixed today, December 11, for further hearing.
In Form 49, the petitioner sought an order to lift the veil of the incorporation of the Shebah Exploration to permit, authorise, contempt proceeding against Dr. Orjiakor. The application is still pending before the court and has not been granted.
Dissatisfied with the Bench warrant order, Orjiakor filed a Notice of Appeal before the Court of Appeal against the bench warrant, adding that he believes that the notice of appeal raises recondite issues of law to be decided upon by the Appeal Court.
He is, however, urging the court to order the stay of execution of the order for Bench Warrant to be issued for his arrest, pending the hearing and final determination of the appeal filed against the order.
The applicant is also challenging the jurisdiction of the court to entertain the winding up petition and an application challenging the competence of Forms 48 and 49 issued by the petitioner, which is still pending before the court.
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