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United Bank for Africa (UBA) Plc has commenced contempt proceedings against directors of WEMPCO over alleged disobedience of a court order in an ongoing legal dispute between the bank and the company.
The Federal High Court, presided over by Justice Aluko, granted UBA’s application for substituted service of Form 49 on the WEMPCO directors named as alleged contemnors in the suit, UBA v. WEMPCO.
The proceedings are aimed at determining whether the individuals allegedly breached an existing court order and, if the allegations are established, whether they should be committed to prison for contempt.
The directors named in the application are Lewis Shui Ngor Tung, Phillip Shui Chei Tung, M.A. Ola Yusuf, Tung Lawrence Blake, Aali Aare Hadji Tokunbo, Paul Shui Po Tung, Tung Robert, C.L. Ip and Taiwo Alli.
Moving the application, counsel to UBA argued that substituted service of Form 49 was necessary to notify the alleged contemnors of the proceedings and require them to appear before the court to show cause why an order for their committal to prison should not be made.
UBA’s counsel further alleged that some directors of WEMPCO, alongside certain members of the company’s staff, took steps that amounted to an attempt to disobey the court’s order.
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The court’s approval of substituted service provides a procedural means of notifying the individuals concerned in accordance with its directions.
Form 49 is a formal court notice requiring an alleged contemnor to show cause why an order for committal to prison should not be made over alleged disobedience of a court order.
The contempt proceedings arose from an earlier Mareva injunction issued by the Federal High Court, which also appointed a receiver/manager over some of WEMPCO’s assets following allegations of indebtedness to UBA.
The amount involved in the dispute is ₦61,445,695,993.76
The latest development represents a further step in the legal battle between UBA and WEMPCO.
