Transport Magnate ABC Orjiako Challenges Bench Warrant For His Arrest

Ambrose Bryant Chukwueloka Orjiako, a transport tycoon, whose arrest was ordered by a Federal High Court, Ikoyi, Lagos over an alleged flouting of court order has filed an application before the court staying execution of the order of the court pending the hearing and final determination of the appeal filed against the order.

Dr Orjiako also wants an order restraining the deputy sheriff of the Court, the Inspector General of Police and all officers under the command of the Nigerian Police Force from executing the order of arrest pending the hearing and determination of the appeal filed against the order.

in an affidavit in support of the application sworn to by one Temidayo Alade and filed before the court,  by Professor Kanyinsola Ajayi SAN, the deponent, averred that, the court ordered the appointment of a  provisional liquidator over Shebah Exploration and Production Company Limited and restrained the applicant from tampering with the company’s fixed and immovable assets.

However the Petitioner, AOS Orwell Limited alleging a breach of the exparte order of the court served on the applicant forms 48 and undated  form 49.

In the  form 49 the petitioner sought an order to lift the veil of the incorporation of the Shebah Exploration and Production Company to permit, authorize, contempt proceeding against Dr. Orjiako, the application is still pending before the court and has not been granted.

Dissatisfied with the Bench warrant order, Dr. Orjiako filed a notice of appeal to the court of Appeal against the bench warrant, believing that the notice of appeal raises recondite issues of law to be decided upon by the Court of Appeal.

Consequently, Dr. Ambrose Bryant Chukwueloka Orjiako, asked the court to order the stay of execution of the order for bench warrant to be issued for his arrest  pending the hearing and final determination of the appeal filed against the order.

Justice Hadizat Shagari has adjourned till today December 11, 2017 for further hearing.

In addition the applicant has filed an application before the court challenging  the jurisdiction of the court to entertain the winding up petition.

The applicant has also filed an application  challenging the competence of Forms 48 and 49 issued by the Petitioner, which is still pending before the court.

Source Trent