By Onyewuchi Ojinnaka
In order to avert going to prison over contempt application brought by the judgement creditor ( Heritage Bank) against Wema Bank and it’s officials for flagrantly disobeying extant positive court orders by refusing to pay the judgement sum of N600 million as ordered by the court, Wema Bank on Wednesday paid the sum of N603 million to Heritage Bank as earlier ordered by court.
The cheques for the sum of N603 million was handed over to the counsel to Heritage Bank Chief Ajibola Aribisala (SAN) by the counsel to Wema Bank Wemimo Ogunde (SAN) in the open court before the presiding judge, Justice Chukwujekwu Aneke.
When the matter was called up for hearing of contempt proceedings against Wema Bank and its officials, Chief Ajibola Aribisala (SAN) announced appearance for the judgement creditor Heritage Bank, while Wemimo Ogunde (SAN) announced appearance for Wema Bank and its officials.
But before the Ondo State Attorney General and Commissioner for Justice, Mr Adekola Adeyeye Olawoye (SAN) could finish announcing his appearance for Ondo State, Chief Aribisala quickly interjected, saying that he is vehemently opposing the appearance of Adekola in the matter.
He said, “The party here is not a party on record. The parties here being sought are the parties cited for contempt. Those people being cited in Forms 48 and 49 are the parties for contempt and therefore, this counsel has no business here.
“I am objecting vehemently to the appearance of the counsel” Chief Aribisala stressed.
Reacting to the objection of Aribisala, Adekola drew the attention of court to the outburst of Chief Aribisala.
He said, “My lord, I take exception to the language of the learned Silk. He should not take it as a personal matter. I am here to say that the ruling which has been appealled has not been set aside.
“All applications before the court of appeal are yet to be heard. All applications before this cannot be heard.” He cited Order 4 Rule 11 to buttress his submission.
At this juncture counsel to Heritage Bank interjected and as counsel to Ondo State reminded his brother learned Silk that he was still on his feet, a hot arguement ensued. The courtroom became noisy and rowdy, thus forcing the court to step down the matter momentarily and the judge immediately rose.
Meanwhile, the court resumed proceedings on the matter after parties had calmed down. At the resumption of proceedings, Chief Aribisala apologized to the court on his behalf and other counsel for what transpired while the court was sitting. The presiding judge accepted their apologies but advised counsel to be conscious of their actions and utterances in court, particularly before the younger lawyer.
In his submission, Wemimo Ogunde said that his appearance as Wema Bank counsel was to resolve the issue in court. “I want to state here that we appear as Wema Bank counsel to resolve this issue. I have a duty to ensure that within the ambit of the law, I will ensure that I defend the interest of my clients.”
Ogunde submitted that he would do what he thinks that should be done to defend the interest of his clients. He informed the court that they have the cheques for the judgement sum to pay Heritage Bank instantly.
He presented the cheques to Chief Aribisala who after checking the value of the cheques, accepted them on behalf of Judgement creditor.
He then applied to withdraw Forms 48 and 49 for the contempt charge pending before the court, and asked the court to strike out the entire court proceedings on the matter.
Consequently, Justice Chukwujekwu Aneke struck out the suits as prayed.
“The prayer to withdraw Forms 48 and 49 is granted as prayed. The entire suit is hereby struck out” the judge ruled.
Recall that the officials of Wema Bank were ordered to appear before the court to show cause why they should not be committed to prison for disobeying the extant positive e order by refusing to pay the judgement sum to the judgement creditor.
The Wema Bank officials summoned for Contempt are Managing Director of the bank, Ademola Adebise, the Chairman, Babatunde Kasali, Deputy Managing Director, Moruf Oseni, Executive Director, Wole Akinleye, Executive Director, Folake Sanu and the Company Secretary, Johnson Lebile.
Justice Chukwujekwu Aneke gave the order consequent upon two different similar garnishee suits initiated before the court by a Lagos-based lawyer, Chief Ajibola Aribisala (SAN) on behalf of Heritage bank; the first one against Ondo State Government and the Attorney General of the state, and the second one against Idanre local Government Universal Basic Education Authority, Ondo State Government and Attorney General of Ondo state.
It would be recalled that Heritage Bank had obtained judgment against the parties at an Ondo State High Court in the sum of N1billion, out of which N600million had been paid leaving the balance of about N600million.
The judgement against Idanre local Government Universal basic Education Authority is in the sum of N405,431,460.98.
This prompted the Heritage Bank to institute garnishee proceeding against the parties in the two suits.
Specifically on December 6, 2019, the court made the order nisi against Wema Bank Plc absolute attaching the principal judgement sum Of 134,034,175.41.
Wema Bank Plc, thereafter deposed to an affidavit that Ondo State Government has N744,771,993.3 standing to its credit and same has been attached in compliance with the order of the court, but the bank refused to comply with the order to pay the money despite the demand made by Chief Aribisala (SAN) on behalf of Heritage bank.
But in responding, Wema Bank in its response letter claimed not to have complied with the order of the court based on the Notice of Appeal and Motion for stay of execution filed by the Ondo State Government at the Court of Appeal.
This moved the Heritage Bank to cause the Registrar of the court to issue form 48, Notice of consequence of disobedience of order of the court against the officers of Wema Bank cited for contempt.
But the order was still not obeyed, hence the need for the issuance of form 49 asking the parties cited for contempt to show cause why order of committal should not be made against them for flagrantly disobeying the orders of the court.
When the matter came up on February 5, 2020, for hearing, Chief Ajibola Aribisala (SAN), in his argument and submissions before the court contended that it is obvious that parties cited for contempt are not in court and that the court must compel their presence before it.
The SAN urged the court to issue a bench warrant against the officials of Wema Bank Plc cited for contempt to compel them to appear in court.
But lawyer to the Wema Bank officials, cited for contempt, Wemimo Ogunde (SAN) argued that the form 49 was filed and served on the parties and before then Wema Bank had already filed an application for stay of execution pending appeal and that the record of appeal has already been entered at the court of appeal.
After entertaining arguments from parties, Justice Chukwujekwu Aneke had adjourned till February 14, 2020, for ruling.
In handing down his ruling, Justice Chukwujekwu Aneke declared that, “The said appeal lodged by the parties cited for contempt has nothing to do with the form 49 served on them for their failure to comply with the order of the court in respect to the order made absolute against Wema Bank Plc.
“Accordingly, the parties cited for contempt are hereby given 72hours from today till Monday 17th of February, 2020 to appear before the court to explain why committal order would not be made against them for flagrant disobedience of the extant positive orders of the court.”