Attempt to obstruct course of justice: SAN seeks committal of  AMCON’s MD for alleged contempt

By Onyewuchi Ojinnaka

Senior Correspondent

A Senior Advocate of Nigeria (SAN) Chief Ajibola Aribisala has filed an application before a Federal High Court in Lagos, praying the court to commit the Managing Director  of Asset Management Corporation of Nigeria (AMCON) Ahmed Lawal Kuru for alleged contempt for trying to obstruct/pervert the proper course of Justice and interfering unduly with due adminstration of Justice.

In an affidavit in support of the application for an order of committal, sworn to by a legal practitioner Femi Aribisala, it was averred that in August, 2017, a Nigerian business man Chief (Dr) William O.Oki and his company, Worksons International Limited hired the services of Chief Aribisala (SAN) in a debt recovery suit instituted against them by AMCON.

It was further averred that upon taking up the services, Chief Aribisala has been filling processes and representing the defendants in a debt recovery suit filed against them by AMCON.
It was stated that in furtherance of his brief to redress the violation of the rights of the defendants,particularly, Dr William Oki who was unlawfully evicted from his residence, the Silk lawyer on  October 13, 2017 filed an application to set aside the wrongful execution carried out by AMCON on the 26th September, 2017. The application was duely served on AMCON.

However prior to the filing of  reply to the affidavit and on point of law, and unknown to Chief Aribisala, it was revealed to him by Chief William Oki that AMCON and its Managing Director Ahmed Lawan Kuru in total disregard of Section 36(6)(c) of the Constitution of the Federal Republic of Nigeria,
mounted undue pressure, intimidation, inducement, harrassment, threats and victimisation on his clients (defendants) to disengage his (Arbisala) legal services.

He contended that Section 36(6)(c)
allows the defendants to engage a counsel of their choice to defend them in instant suit,

It was deposed that Chief Oki who has been squatting with friends and family members due to his eviction from his residential premises by AMCON, and to the detriment of his health, comfort and human dignity, eventually bowed to the undue pressure, intimidation and victimisation by purportedly disengaging the services of Chief Aribisala through a letter dated October 17, 2017.

The facts deposed to by Femi Aribisala were confirmed by Chief Oki. His son Benjamin and his consultant Samson Osifo were at the meeting.
Chief Oki disclosed that at the said meeting AMCON and its Managing Director Ahmed Lawan Kuru insisted on disengagement of the services of Chief Aribisala, expressing that they prefer dealing directly with the defendants without the involvement or presence of their legal adviser, not minding the fact that AMCON suit against the defendants is still pending before the court for adjudication and the defendants would obviously need the services of Chief Aribisala to argue their defence and protect their interest in the suit.

To underscore the seriousness of the intention of AMCON and its Managing Director  to obstruct/ pervert the course of Justice and interfere unduly with the adminstration of Justice, at one of the meetings they held with  Chief Oki, they demanded that a copy of the letter of the disengagement, duly acknowledged by Chief Aribisala be sent to them before they would reinstate Chief Oki to his residential abode in Asaba from where he was wrongfully evicted.

Chief Aribisala contended that by the actions of AMCON and its Managing Director Ahmed Lawal Kuru, they have no regard or respect for the sanctity of the due administration of justice.
According to the SAN, by their actions, AMCON and its Managing Director hold the court in disrepute by forcing, coercing or inducing the defendants to disengage him, an officer of the court from rendering legal services to the defendants despite the pendency of the suit for adjudication before the court.

Therefore it is pertinent, in the interest of Justice, to bring the parties cited for contempt herein to book by committing them for contempt.
Chief Aribisala, also contended that he has been highly prejudiced by the contemptuous conduct of the said parties for contempt herein as ” they have unduly interfered, to their selfish advantage ,with the fair and just administration of justice in this suit”.