Court summons UBA’s MD over Zamfara’s N347m debt

The Federal High Court in Lagos on Thursday summoned the
Managing Director of United Bank for Africa Plc, Mr Kennedy Uzoka,
in respect of a N347,355,000 debt owed by Zamfara State.

Justice Saliu Saidu, on Thursday, said Uzoka and UBA’s Legal
Adviser, Samuel Adikamkwu, must appear before him on February 27,
2019.

A firm, Greenwich Trust Limited, which got judgement against
Zamfara State, had sued Uzoka and Adikamkwu for contempt.

The firm accused the bankers of frustrating its effort to
recover a debt of N347m with interest from Zamfara State.

The firm had sought to take possession of Zamfara State’s funds
in UBA in a bid to recover the N347m owed it by the state.

It, however, accused Uzoka and Adikamkwu of refusing to release
Zamfara State’s funds in their possession, contrary to a December
17, 2018 order made by the court.

Greenwich Trust Limited, therefore, initiated contempt
proceedings against Uzoka and Adikamkwu, asking the court to jail
them for disobeying a court order.

In the Forms 48, which it filed to seek their committal to
prison, Greenwich Trust Limited, accused the bankers of “willful,
deliberate and orchestrated disobedience to the garnishee order
absolute commanding the release of attached judgment sum which is
in the custody of the respondent.”

It urged the court to put the bankers in “prison and/or
protective custody at any of the detaining security agencies or at
any designated prison/reformatory in Nigeria’s territorial
landscape until they purge themselves of the contempt of this
honourable court.”

But the bankers filed a preliminary objection, contending that
they were not personally served with the contempt application as
required by law.

They said, “The Forms 48 and 49 as well as the accompanying
processes were not personally served on the alleged contemnors as
required by law.

“The reliefs contained in the purported Form 49 herein are not
grantable having failed to comply with Order 35 of the Rules of
this honourable court.

“The action of the judgement-creditor in commencing contempt
proceedings against the alleged contemnors without serving them
with the relevant order of court is in utter breach of their right
to fair hearing.

“A person cannot be in contempt of an order of court not served
on him. This honourable court has the powers to set aside any
process procured otherwise than by strict compliance with the rules
of the court.”

However, despite their preliminary objection, Justice Saidu
insisted that Uzoka and Adikamkwu must appear before him.

The judge said, “It is appropriate for them to be in court
despite the pending preliminary objection. I will adjourn to allow
the alleged contemnors to appear before me.

“They are aware of the proceedings, and that awareness is
sufficient for them to be present. Let them come and show their
face and respect all of us here.”

He adjourned till February 27.