Photo caption: Tung brother- Lewis (left) and Robert, directors of WEMPCO Limited.
Justice Akintayo Aluko of the Federal High Court, Ikoyi, Lagos Judicial Division, has granted an application by United Bank for Africa Plc for substituted service of Form 49 on directors of Wempco named as alleged contemnors in the case of UBA Plc v. Western Metal Products Company (WEMPCO) Limited and 16 affiliated corporate entities (including the Lagos Oriental Hotel Limited and Nigerian Enamelware Company Plc).
In the case: Suit No. FHC/L/CS/555/2026, the bank seeks to recover its alleged outstanding N61,445,695,993.76 debt arising from a 2019 Multicurrency Multiple Credit Facility Agreement across 27 commercial banks and fintech platforms.
Form 49 is a notice requiring an alleged contemnor to show cause why an order of committal to prison should not be made against them for alleged disobedience of a court order.
The application forms part of proceedings seeking to determine whether the named individuals disobeyed an order of the court and whether they should be committed to prison for contempt.
The contempt proceedings were initiated with UBA alleging that the court orders were being flouted. The directors named as alleged contemnors 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, are required to appear before the court to show cause why they should not face imprisonment for contempt.
Counsel to UBA Plc argued that service of Form 49 on the alleged contemnors was necessary to enable them to appear before the court and show cause why an order of committal should not be made against them.
He also argued that the Directors of Wempco and some members of staff took illegal steps in an attempt to disobey the Order of Court.
The court’s decision to grant substituted service provides a procedural step towards bringing the notice to the attention of the individuals concerned in accordance with the court’s directions.
The Federal High Court had earlier made an Order of Mareva Injunction and appointed Romeo Ese Michael Esq. as Receiver/Manager over some of the Assets of Wempco.
