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Tomi Somefun: Court asked to jail Unity Bank CEO for alleged contempt

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5 years ago

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The National Industrial Court of Nigeria (NICN) has been asked to commence committal proceedings against the Managing Director/Chief Executive Officer (CEO) of Unity Bank Plc, Mrs. Oluwatomi Somefun, and commit her to prison for allegedly flouting orders made by the court.

The request formed the relief in a motion filed by 25 ex-staff of the bank in whose favour the Lagos division of the NICN had given a monetary judgment on July 3, 2019, The Nation reports.

The ex-staff, led by John Adeola Taiwo, stated, in the motion filed on December 2, 2019, that Unity Bank was in open disobedience to the orders made by the court on November 12, 2019, and therefore deserved to be committed to prison for allegedly being in disobedience of valid and extant court orders.

The ex-staff had individually sued the bank in 2016 alleging non- payment of some of their outstanding entitlements and gratuity.

The court later consolidated the suits with the consent of parties and on the grounds that the issues were related.

In a judgment on July 3, 2019, in the suit marked: NICN/LA/84/2019, Justice R. H. Gwandu held in favour of the ex-staff and ordered the bank to pay them various sums of money.

But rather than comply with the judgment, the bank appealed and applied to the court for a stay of execution pending the determination of its appeal.

In a ruling on November 12, 2019, Justice Gwandu granted a stay as prayed by the bank but upon certain conditions.

The judge, in the ruling, said: “By the powers vested in this Court under Order 64 Rule 8(3) and in the discretion of this court, I hereby grant the stay of execution of this judgment pending the outcome of the appeal.

“This goes with the condition that the judgment debtor pays the judgment sum into the account of the Chief Registrar, National Industrial Court (an interest yielding account), such judgment sum shall be released to the party that is victorious in the outcome of the appeal.

“The payment of the judgment sum is ordered to be made within five working days, failure of which shall be treated as contempt of orders of this court.”

The pronouncements of the judge are what Taiwo and others are now accusing the Unity Bank of flouting and in respect of which they seek the committal of the bank’s CEO in the fresh motion filed on December 2, 2019.

They argued, in court documents, that “the order of the court has been respected by the judgment debtor in the breach rather than the observance, in spite of the stern warning by the court that failure to comply shall be treated as contempt.

“It is trite law that the order of a court of competent jurisdiction remains inviolate until set aside and so, anyone who an order is made against must obey it until the order is set aside or discharged. Once an order exists, it must be obeyed.

“It is a clear fact that, in spite of the clear and explicit order of this honourable court, directing the defendant/judgment debtor to pay the judgment sum into the court’s account with the name of the Chief Registrar, the defendant/judgment debtor has continued, with impunity, to do the exact opposite of the order of the court”.

They added that the alleged failure of the bank to pay the judgment sum into an interest yielding account within five days, as directed by the court, “is an outright disregard of the order of the court, making the defendant/judgment debtor liable for contempt of court.”

They added that since the defendant/judgment debtor is not a natural person, the law allows that its principal officer is penalized.

“It is trite law that where the contemnor is not a natural person, it cannot be committed to prison, but the principal officer can.

“In this case, the defendant (a financial institution) is not a natural person, who can be committed for contempt thereby making any of its high ranking officers in the person of Mrs. Oluwatomi Somefun, being the Managing Director, liable to be committed to prison for contempt of court.

“We urge this honourable court to grant them leave to proceed against Mrs. Oluwatomi Somefun, the Managing Director of the defendant and to find her liable accordingly and commit her to prison for contempt of the order made on 12th November 2019”.

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Former Governor Ifeanyi Okowa, Spends Second Night In EFCC’s Cell Over N1.3 Trillion Alleged Fraud

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4 hours ago

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November 7, 2024

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Immediate past governor of Delta State, Ifeanyi Okowa, who was arrested and detained by the Economic and Financial Crimes Commission (EFCC) has spent second night in the custody of the anti-graft commission.

 

Okowa is currently being investigated and detained over the alleged diversion of N1.3 trillion.

 

The N1.3 trillion reportedly represents the 13% derivation fund from the federation account between 2015 and 2023.

 

According to sources within the commission, Okowa was invited to the EFCC office in Port Harcourt, Rivers State, where he’s subsequently detained by officials.

 

One of the sources stated, “Okowa was at our Port Harcourt office following an invitation from investigators probing the allegations against him. He was then arrested. The commission is investigating him regarding the N1.3 trillion 13% derivation fund from the federation account between 2015 and 2023.

 

“He is also accused of failing to account for the funds, as well as another N40 billion he allegedly claimed was used to acquire shares in UTM Floating Liquefied Natural Gas. He reportedly bought shares worth N40 billion in one of the country’s major banks, representing an 8% equity stake, to support the offshore LNG project. The funds are alleged to have been misappropriated for other purposes.

Investigators are also examining the alleged diversion of funds by the former governor to acquire estates in Abuja and Asaba, Delta State. He is currently being held at the EFCC facility in Port Harcourt.

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Lagos Government Shuts Down Redeemed Church, Celestial Church, Clubs, Event Centres Over Noise Pollution

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17 hours ago

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November 6, 2024

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The Lagos State government has shut down a branch of Pastor E. A. Adeboye’s Redeemed Christian Church of God, a Celestial church, nightclubs and event centres over noise pollution.

The Commissioner for Environment and Water Resources, Tokunbo Wahab, who made this known on Wednesday, said the churches, clubs and event centres were sealed on Tuesday by the Lagos State Environmental Protection Agency (LASEPA) in the Ogudu, Gbagada, Iyana Ejigbo, Isolo, Ajao Estate, Oshodi, Ilasamaja, and Okota areas of the state.

The sealed establishments include: Redeemed Christian Church of God, Celestial Church of God, OMA Nightclub and Lounge, Lounge & Lodging, Bridge Spot Bar, Okiki Event Center and Hall, Emota Paradise Hotel (Phase 2), CF Hotel & Suites, House 27 Hotel & Suites, Echo Spring Hotel, and Smile T Continental Hotel.

The commissioner in a post on X said, “In a bid to address noise pollution and other environmental violations, the Lagos State Environmental Protection Agency (LASEPA) took action yesterday, closing down several establishments across different parts of the state.

“This enforcement drive, focusing on areas like Ogudu, Gbagada, Iyana Ejigbo, Isolo, Ajao Estate, Oshodi, Ilasamaja, and Okota, is part of LASEPA’s continuous efforts to uphold environmental standards and safeguard public health.

“The affected establishments include Honourable Lounge & Lodging, Redeemed Christian Church of God, Celestial Church of God, OMA Nightclub and Lounge, Bridge Spot Bar, Okiki Event Center and Hall, Emota Paradise Hotel (Phase 2), CF Hotel & Suites, House 27 Hotel & Suites, Echo Spring Hotel, and Smile T Continental Hotel.”

 

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Gen. Taoreed Lagbaja: Tinubu directs flags be flown at half-mast

Published

18 hours ago

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November 6, 2024

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President Bola Tinubu has directed that Nigeria’s national flags be flown at half mast for seven days across the country to mourn the passing of the late Chief of Army Staff, Lt. Gen. Taoreed Lagbaja.

The late Army chief, who was appointed by Tinubu on 19 June 2023, was said to have passed away on Tuesday night after a prolonged illness.

The Secretary to the Government of the Federation, George Akume, in a statement on Wednesday by his office Director of Information & Public Relations, Segun Imohiosen, said the president expressed regret over Lagbaja’s death.

Akume said, “President Bola Tinubu has expressed regret following the death of the Chief of Army Staff, Lieutenant General Taoreed Abiodun Lagbaja, after a brief illness at the age of 56.

“The President has directed that national flags be flown at half mast throughout the country for seven days in honour of the departed Army chief.

“He profoundly appreciates the services of the departed to the nation and wishes the family the fortitude to bear the great loss.”

Meanwhile, the Ministers of Defence, Mohammed Badaru and Bello Matawalle, have commiserated with the president, the military, and Lagbaja’s family over his death.

In a statement by the Ministry’s spokesperson, Henshaw Ogubike, the ministers described Lagbaja’s death as a great loss to his family, the Army, and the nation at large.

“The passing on to eternal glory shocked us at the Ministry of Defence, as our working relationship with him was commendable; he exhibited the spirit of camaraderie and cooperation with us in the discharge of our mandate.

“The late Chief of Army Staff contributed significantly to internal security operations across Nigeria and also exhibited a high level of professionalism.

“He will be greatly missed by the family, the military, and the nation, as he served the nation with commitment and dedication,” the statement added.

 

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