Justice Mohammed Idris of a Federal High Court in Lagos on Friday struck out the contempt charge filed against the Managing Director of Ecobank Nigeria Limited, Charles Kie, who was accused of disobeying a court order.
The charge had been filed by Honeywell Group, which urged the court to jail Kie for allegedly violating an August 10, 2015 court order, which barred Ecobank from publishing its name among chronic debtors last year.
Justice Idris, who made the order, had directed parties to maintain the status quo ante bellum pending the determination of a suit filed over an alleged debt owed the bank by Honeywell Group.
The company, through its counsel, Chief Wole Olanipekun (SAN), however, alleged that Ecobank, through its lawyer, Mr. Kunle Ogunba (SAN), had taken steps contrary to the court’s order by filing other suits in a bid to recover the alleged debt from Honeywell.
But Justice Idris struck out the charge against Kie on Friday on the grounds that he was not properly served with the Forms 48 and 49, filed by Honeywell.
The judge, in his ruling, held, “What I can see from a close examination of form 48 is that the form is stamped; the wordings are however illegible. I can see that the stamp has the date of 19th November, 2015. The same applies to Form 49.
“A valid proof of service of the same forms must have endorsed therein the following, as stated by the Court of Appeal: (1) particulars of the person serving; (2) date of service; (3) time and place of service and (4) the person that accepted the service.”
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