Company sued over alleged insolvency
A former employee of the News Agency of Nigeria (NAN), Sunny Odunwo has asked a Federal High Court, Lagos, to commit to prison, the Governor of Central Bank of Nigeria (CBN), Mr. Godwin Emefiele and the bank’s Director of Legal Services, Mr. Johnson Akinkumi for allegedly disobeying order absolute made by the court over his pension and gratuity intentionally.
Justice Mojisola Olatoregun, had on November 7, 2008, while delivering judgment in a suit number FHC/L/CS/1171/2005, filed by Odunwo against NAN and the Attorney-General of the Federation (AGF), held that Odunwo is qualified for pension and gratuity and ordered both NAN and AGF to compute the said gratuity and pension and pay same to him forthwith.
But, due to the failure of NAN and AGF to obey the order after 10 years without appeal, the court on January 23, 2019, made a garnishee order Nisi attaching NAN and AGF’s Treasury Single Account (TSA) accounts with CBN and order that the judgment sum from 2008 be paid with 10 percent interest from the TSA account and on March 7, 2019, the order was made absolute by the court.
The applicant said all orders of the court have remained disobeyed till date and consequently asked the court to hold both the CBN Governor, Emefiele and CBN’s director of Legal Services, Mr. Akinkumi becomes as contemnors.
Odunwo therefore through his counsel, Mr. Johnson Esezoobo filed a motion for committal to prison of CBN Governor and the bank’s Legal director.He also prayed the court for an order directing the CBN’s Governor and Director of Legal Services to cause the garnishee (CBN) to pay the judgment sum with accrued interest at 10 percent par annum to him or into court or in the alternative pay the judgment sum with accrued interest from the service of the order absolute to the date of such payment and file an affidavit of compliance thereof.
He further asked for an order directing service of the motion to commit to prison the contemnors (CBN’s governor and Director of Legal Services) and all accompanying processes at the CBN Lagos liaison office and the service be deemed proper on the contemnors. Justice Olatoregun while adjourning the matter to June 10, ordered that the motion seeking to commit Emefiele and Akinkumi to prison be served on them personally.