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Court Orders Substituted Service As Firm Drags Obaigbena, Others To Contempt Proceedings

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The Federal High Court in Lagos has authorised General Hydrocarbons Limited (in receivership) and its court-appointed Receiver, Mr Seyi Akinwunmi, to serve contempt proceedings on media executive Chief Nduka Obaigbena, his children, Efe Damilola and Olabisi Eka Obaigbena, and their counsel, Dr Abiodun Ishola Layonu, SAN, via substituted service.

Justice Akintayo Aluko granted the order on Friday, November 14, 2025, after plaintiffs’ counsel, Mr Ade Adedeji, SAN, moved an ex parte application seeking leave to serve Form 48 and other contempt processes.

In two separate affidavits, the plaintiffs detailed unsuccessful attempts to serve the alleged contemnors personally with the Notices of Consequences of Disobedience to Court Order.

A court bailiff, Mr Wale Adepitan, deposed that on November 13, 2025, he visited the defendants’ last known address at 2nd Floor, 188 Awolowo Road, Ikoyi, Lagos, but was unable to effect service. A similar attempt at the office of their lawyer at Wesley House, Marina, also failed.

Another affidavit noted that the Awolowo Road address remains the last known address supplied by the defendants as directors of General Hydrocarbons Limited.

Following the Affidavit of Non-Service filed on November 14, the plaintiffs asked the court for substituted service.

Justice Aluko granted leave for all contempt processes to be served by pasting at the Awolowo Road office and at Dr Layonu’s office in Marina.

Alternatively, the court permitted publication of the notices in a national newspaper.

The notices warn that failure to comply with the earlier interim order may amount to contempt and could lead to committal.

General Hydrocarbons Limited was placed in receivership under a Deed of Appointment dated September 18, 2025.

On October 24, 2025, the court granted far-reaching interim orders empowering Receiver Akinwunmi to take full possession and management of all company assets pending determination of a motion on notice.

The orders covered all movable and immovable assets, including the Awolowo Road office and the company’s interest in Oil Mining Lease (OML) 120.

The court also issued sweeping Mareva injunctions restraining more than 30 commercial banks — including GTBank, Access Bank, FirstBank, Zenith Bank, UBA, and Standard Chartered — as well as fintech platforms such as Opay, Palmpay, Paystack, and Piggyvest, from disbursing or dealing with the company’s funds.

The plaintiffs alleged that Chief Obaigbena and his children continued to interfere with the Receiver’s authority despite clear prohibitions in the October 24 order.

In that ruling, the court expressly restrained the defendants from obstructing the Receiver, interfering with his duties, or tampering with any company assets.

Government agencies, including the Nigerian Navy, NIMASA, the Inspector-General of Police, and the NNPC, were also directed to ensure Akinwunmi had unhindered access to all company locations, including OML 120.

With substituted service now approved, the contempt proceedings will move forward.

If the defendants fail to comply with the interim orders or respond to the Form 48 notices, the court may issue Form 49, formally commencing committal proceedings for contempt.


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