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CONTEMPT PROCEEDINGS: ECOBANK WINS ROUND ONE OVER HONEYWELL

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The Federal High Court in Lagos last Friday struck out a contempt charge filed against Ecobank Nigeria Limited by Honeywell Flour Mills Plc.
Justice Mohammed Idris held that the Form 48 and Form 49 (with which contempt proceedings are initiated) were not properly served on the alleged contemnors.
The charge had been filed by Honeywell Group, which urged the court to jail the Ecobank MD for allegedly violating an August 10, 2015 court order, which barred Ecobank from publishing the name of Honeywell Group among chronic debtors last year.
The company, through its counsel, Chief Wole Olanipekun (SAN), alleged that Ecobank, through its lawyer, Mr. Kunle Ogunba (SAN), had taken steps contrary to the court’s order by filing other suits in a bid to recover the alleged debt from Honeywell.
In his ruling, however, the presiding judge, Justice Mohammed Idris, held that a party seeking to jail another for disobeying a court order was duty bound to ensure that processes in contempt proceedings were duly served.
Breach of such proper service, he said, “will wrought consequences on the proceedings.”
Declining jurisdiction, Justice Idris said: “What I can see from a close examination of form 48 is that the form is stamped; the wordings are however illegible. I can see that the stamp has the date of 19th November 2015. The same applies to Form 49.
“A valid proof of service of the same forms must have endorsed therein the following, as stated by the Court of Appeal: (1) particulars of the person serving; (2) date of service; (3) time and place of service and (4) the person that accepted the service.
“I’m afraid that it appears that the Form 48 and 49 were not properly endorsed with the particulars of service. In effect, there is no reliable or authentic information before the court as to the service of the Form 48 and 49 on the defendants herein.
“This issue goes to the issue of the jurisdiction of the court. This court must act with caution. I decline jurisdiction. I hold that the jurisdiction of this court has not been properly invoked in respect of the contempt proceedings and same is hereby struck out”.
He further warned parties against taking any action that could incur the court’s wrath.
“Let me warn that orders of court are binding and enforceable until set aside by an order of court of competent jurisdiction. The order of this court that the parties maintain status quo ante bellum remains valid and binding on all the parties until set aside.
“Whenever the disciplinary jurisdiction of this court is properly invoked, this court will descend heavily without any fear on whichever party is found guilty of contempt of this court. This court barks and it bites”.
The Judge then adjourned till February 26 for hearing of Ecobank’s motion for stay of proceedings.
Justice Idris had last August 10 made an order of interim injunction restraining the bank from publishing the plaintiffs’ name as debtors.
The judge also ordered parties to maintain status quo pending hearing of the plaintiffs’ suit against Ecobank.
But while the suit was pending, Ecobank filed other suits before other judges in a bid to recover its debt from Honeywell Group and its chairman, Oba Otudeko.
Honeywell, through its lawyer, Chief Wole Olanipekun (SAN), thereafter filed the Form 48 and Form 49, urging the High Court to hold the bank in contempt

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May Day: Glo salutes Nigerian workers  

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Digital telecommunications solutions provider, Globacom, has saluted Nigerian workers as the country observes this year’s edition of the International Workers’ Day. The company enjoined them to rededicate themselves to excellence so as to take Nigeria to the next level.

 

In a solidarity message released on Tuesday, Globacom lauded the resilient spirit of workers in spite of present challenges. It urged them to use the opportunity of the Workers’ Day to reflect on how their contributions can build a better and more vibrant society.

 

“We salute Nigerian workers on this this day and commend them for the hard work, commitment, resourcefulness and industry which are essential for the growth of the economy of any nation”, Globacom said, and urged them not to rest on their oars.

 

The company noted that the story of Nigeria cannot be complete without the huge contributions of workers, both in the public and private sectors.

 

The International Labour Day is observed annually on May 1 to recognize the contributions of workers all over the world. It is also used to promote a fairer and more sustainable future for all by advocating for workers

’ rights.

 

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How Adeduntan Resigned As First Bank CEO On CBN’s Order

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There are strong indications that the sudden resignation of former Managing Director and CEO of First Bank, Dr Adesola Adeduntan was triggered by directives from the Central Bank of Nigeria (CBN).
LEADERSHIP gathered that news of his resignation broke in Nigeria while Adeduntan was still attending the World Bank/IMF Spring Meetings in Washington DC.

The former CEO suddenly notified the board of his intention to leave with effect from April 20, eight full months to the expiration of the third term of three years which he won as a reprieve by former CBN governor Godwin Emefiele.

Announcing his retirement, the MD said: “As you are aware, my contract would be expiring on 31 December 2024 after which I would no longer be eligible for employment within the Bank having served as the Managing Director/Chief Executive Officer of FirstBank for a record time of nine years.

“During this period the Bank and its subsidiaries has undergone significant changes and broken new grounds. We have repositioned the institution as an enviable financial giant in Africa. I have however decided to proceed on retirement with effect from 20 April 2024 to pursue other interests.

“I am eternally grateful to the board of directors of FirstBank and FBN Holdings Plc for the support that I received from them during my stewardship. I wish our iconic institution continued success and progress as we move into the next phase of its evolution.”

Messages sent to the Bank were not replied as at the time of writing this report.
According to one inside source, “there are several moving parts in the unfolding drama.
There is the matter of an unresolved issue flagged by the regulator years ago and how this has not been fully resolved to the satisfaction of the apex bank and there is also the issue of mismanagement of relationships and added to this is the question of ego.”

One source said following the questions raised by the central bank, the initial target had been the entire board of the bank itself and there is a suggestion the apex bank dialled back once it realised that the current board of the bank was appointed by the CBN itself.

Recall that FBN Holdings Plc also cancelled its Extraordinary General Meeting (EGM) scheduled for April 30th, 2024 to get shareholders’ approval on the raising of N300 billion capital.
Before this sudden resignation there had been expectation that Adeduntan would take up the position of managing director at the HoldCo level but it is unclear if this plan was abandoned because the regulator withheld its approval of the request from the bank. There is what is called a two-year “cooling off period” imposed by the regulator between directorship tenures in banks in Nigeria and this may have counted against the plot for Adeduntan to move up.

On April 28, 2021 former directors at a board meeting of the bank had voted for Adeduntan to be retired as his second term was to expire but he regained his position after the board was sacked by CBN Governor Emefiele.

It is unclear why the bank CEO is leaving now but First Bank has had a policy by which Managing Directors of the bank were allowed only two terms of three years each. Adeduntan would have been the first CEO to last three full terms on the job.

“As you are aware, my contract would be expiring on 31 December 2024 after which I would no longer be eligible for employment within the Bank having served as the Managing Director/Chief Executive Officer of FirstBank for a record time of nine years,” Adeduntan said in his letter resigning.

According to the letter, “during this period the Bank and its subsidiaries have undergone significant changes and broken new grounds. We have repositioned the institution as an enviable financial giant in Africa. “I have however decided to proceed on retirement with effect from 20 April 2024 to pursue other interests.”

Furthermore, he expressed gratitude towards the board of directors of First Bank and FBN Holdings for the support he received from them during his tenure.

Adeduntan was appointed as CEO of First Bank in 2016. Prior to his appointment, he served as the bank’s executive director and chief financial officer (CFO). Before joining First Bank in July 2014, he was a director and the pioneer CFO/business manager of Africa Finance Corporation (AFC). Adeduntan formerly worked as a senior vice-president and CFO at Citibank Nigeria Limited, as a senior manager in the financial services group of KPMG Professional Services, and as a manager at Arthur Andersen Nigeria.

* The Leadership Newspaper

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CBN Director: How I Collected $600,000 Bribe For Emefiele

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A former Director of Information Technology of the Central Bank of Nigeria (CBN), Mr. John Ayoh, has explained how he collected $600,000 allegedly for contract gratification for the embattled ex-apex bank governor, Mr. Godwin Emefiele.

Ayoh, while being led in evidence by the Economic and Financial Crimes Commission (EFCC) counsel, Mr. Rotimi Oyedepo (SAN), on Monday, April 29, told an Ikeja Special Offences Court that he spent eight years in the apex bank.

He told the court that he received a letter from the agency concerning two transactions which he facilitated through Emefiele.

Ayoh, Head of Procurement and Support Services (PSS) Department, told the court that the first envelope containing $400,000 was brought to his house in Lekki while he received the second envelope containing $200,000 at the Tinubu Head Office of the CBN.

Ayoh said he was vested with powers to receive applications for award of contracts to select successful bidders.

According to him, the first leg of the transaction was at his residence in Lekki Phase One while the second envelope money he received occurred at the Tinubu Head Office of the CBN.

He said: “The man to deliver the second transaction came to our office in Lagos and I informed the governor but he said he did not want to see a third party that I should bring the envelope myself.

“I complied with the instruction and went to his office and delivered it. Mr John Adeola was the one I sent my address to and he came to my house. He is the governor’s assistant and the total money I received on his behalf was $400,000 and $200,000, respectively.”

The witness informed the court that the vendors who allegedly brought the envelopes with money were in charge of the implementation of Netapp Storage Architectural and Infrastructural Services.

While under cross-examination by the first defence counsel, Mr. Olalekan Ojo (SAN), he told the court that his schedule of duties did not include running errands for Emefiele but he directly worked under him.

Ayoh confirmed to the court that Emefiele was not a member of the PSS but a member of the Major Contract Tender Committee (MCTC).

He added that he had never facilitated in the commission of any crime.

Ojo asked if the witness wrote in his statement that he was forced to aid or abet the commission of accepting gratification.

The witness said: “I do not remember the exact word that I used and I did not write in my statement that I opened the two envelopes on the two occasions to check the total sum of money.

“I wrote a statement and it implied that the money in the envelopes was given to me to influence the award of contract. I did not take part in the decision of the MCTC but I recommended that the award be given and I was not bribed.

“I was invited by the EFCC on February 17, I was not arrested but I returned home on administrative bail.”

The witness told the court that he operated under duress, while he received the two envelopes from the contractors.

“On your honour, did you indicate in your statement that you were acting under duress while running errands for the first defendant,” the learned silk asked.

The prosecution, however, objected to the question and argued that the statement of the witness was not before the court.

The first defence counsel sought that the statement of the defendant be admitted into evidence.

Justice Rahman Oshodi, thereafter, admitted the statement of the witness (three pages) into evidence, following arguments and counter arguments of the counsel.

The Senior Advocate reteirated that the witness showed to the court where it was written in his statement that he acted under duress.

The witness told the court that the instructions from Emefiele indicated that he bent rules.

The judge, thereafter, adjourned the case until May 3 for continuation of cross-examination.

Emefiele’s counsel also pleaded with the court to release the defendant to him on self-recognition because he had not met with his bail application.

The learned silk, however, prayed the court that the defendant would meet up before May 17.

There was no objections from the second defence counsel and the prosecution left the decision at the discretion of the court.

 

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