A lawyer, Faruk Khamagam, has threatened to file contempt proceedings against Olusade Adesola, Permanent Secretary, Federal Capital Territory Administration (FCTA), over purported plans to convene an emergency general meeting of Abuja Markets Management Ltd. (AMML) in contravention of valid court judgment.
Khamagam, who was counsel for AMML and its Managing Director (MD), Alhaji Abubakar Faruk, also threatened to join Mr Abubakar Maina, Group Managing Director (GMD), Abuja Investments Company Limited (AICL), FCTA and others in the contempt charge.
He further said that a N1 billion suit would be instituted against such persons should they go ahead with the alleged meeting.
The lawyer made this known in a letter written by his law firm, Ruklyn Law Chambers, on behalf of his clients on July 14, to AICL GMD and a copy sent to the permanent secretary, in reaction to their letter to call for an extraordinary general meeting of AMML three days after a court judgment restrained anyone from doing so in breach of relevant laws.
A copy of Khamagam’s letter was made available to newsmen on Sunday in Abuja.
Justice Donatus Okorowo of a Federal High Court, Abuja, in a judgment on Monday, nullified Faruk’s redeployment by yet-to-be ratified AMML Board Chairman, Maina, and the former Minister of FCT, Mohammed Bello.
Justice Okorowo ordered Faruk’s reinstatement as MD of AMML.
He also ordered the defendants, their staff and privies to restrain themselves from interfering with the Faruk’s exercise of his powers or carrying out the ordinary business of the company as an MD, including but not limited to holding board meetings.
The judge held that the decision of Maina and Bello to reconstitute the AMML’s Board of Directors in the manner done and published in a press release of Feb 21 and inaugurated the said board on April 4 was unlawful, null and void.
Faruk had, on Wednesday, resumed to his office following the judgment about three years after the office was under lock.
But Maina, in a letter signed by him dated July 13 and addressed to AMML MD, titled: “Notice of Extra-Ordinary General Meeting of Members of Abuja Markets Management Ltd.,” informed that the meeting would hold on Monday.
He said that the meeting would consider, and if possible, make resolutions on issues bothering on the management of the company and the recent court judgment.
Maina said that the meeting, which was scheduled for Monday (July 17) at 9am, would take place at AICL boardroom.
In the letter, he also enjoined members, who would be unable to attend the meeting, to complete an enclosed form of proxy, with the name of one of the company’s directors or any member of the company or the person whom they thought fit to appoint as their proxy.
Responding, Khamagam said Maina’s notice of meeting, on the instruction of Adesola, was contemptuous of valid court order.
“Conversely, no individual member(s) have the power to unilaterally convene a general meeting of AMML without following due process of law.
“By the judgment of the FHC in the above cited case, the Hon. Court had granted a perpetual injunction, restraining Mr. Sadiq Abubakar Maina (the author of the notice of the meeting), either by himself or any other person, from convening any meeting of the AMML unless necessary legal procedures have been followed.
“Therefore, any attempt to violate the order of the court by unlawfully convening a general meeting of AMML in the manner sought to be done, would amount to contempt of a valid and subsisting order of court, and will certainly incur the penal sanctions of the court,” he said.
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