Lagos Court Orders Form 49 Service On WEMPCO Directors In UBA Dispute
By Sherif Salau
A Federal High Court in Lagos has ordered substituted service of Form 49 on nine directors of Western Metal Products Company (WEMPCO) in contempt proceedings initiated by United Bank for Africa over an alleged failure to comply with an earlier court order.
Justice Akintayo Aluko granted the application on Friday as part of a suit in which UBA claims the company owes it more than ₦61.4 billion. The bank is asking the court to determine whether the directors should be committed to prison for contempt.
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.
Form 49 is a formal notice requiring a person to appear before the court and show cause why an order of committal should not be made against them for disobeying a court order. Substituted service allows the documents to be delivered by an alternative method when personal service proves difficult.
UBA’s counsel told the court that service of the notice was necessary so that the directors could respond to the allegations. The bank further claimed that some directors and staff of WEMPCO had taken steps aimed at undermining the court’s earlier directives.
In August, the same court granted a Mareva injunction and appointed a receiver/manager over certain assets of WEMPCO following the bank’s claim of indebtedness amounting to ₦61,445,695,993.76.
The latest order marks a procedural step in the ongoing dispute. The directors will now be required to appear and explain their position before the court decides whether any further action, including possible committal, is warranted.
