In a significant legal development, the Federal High Court in Lagos has granted permission to the court-appointed Receiver Manager of General Hydrocarbons Limited (in receivership), Seyi Akinwunmi, to serve contempt proceedings on media entrepreneur Nduka Obaigbena, his children, and their counsel through substituted means.
Justice Akintayo Aluko issued the order after hearing an ex parte application presented by the plaintiffs’ counsel, Ade Adedeji (SAN).
The court authorised that the “Notice of Consequence of Disobedience of Court Order (Form 48)” and all related processes be pasted at the Obaigbenas’ last known address in Ikoyi and at the office of their lawyer, Abiodun Layonu (SAN), in Marina, Lagos.
The judge also permitted publication of the notices in a widely circulated national newspaper as an alternative mode of service.
The court’s decision followed two separate affidavits indicating that multiple attempts to personally serve the defendants had failed.
According to an affidavit deposed to by Ochu Agbai-Abosi, a legal practitioner, the court’s bailiff, Wale Adepitan, visited the defendants’ last known address at 2nd Floor, 188 Awolowo Road, Ikoyi, on November 13, 2025, but was unable to effect service.
A similar attempt at 3rd Floor, Wesley House, Marina, the office of their counsel, was also unsuccessful. Agbai-Abosi stated that substituted service was necessary in the interest of justice.
Background of the Dispute
General Hydrocarbons Limited was placed in receivership under a Deed of Appointment dated September 18, 2025. On October 24, 2025, Justice Aluko issued sweeping interim orders empowering the Receiver Manager, Akinwunmi, to take possession of and manage all company assets—both movable and immovable—pending the hearing of a motion on notice.
These assets include the company’s Awolowo Road office and its stake in Oil Mining Lease (OML) 120.
The court also granted Mareva injunctions restraining more than 30 banks and several fintech platforms—among them GTBank, Access Bank, Ecobank, Paystack, Flutterwave, PalmPay, PiggyVest, OPay, and Momo Agent—from tampering with or releasing funds belonging to the company while the dispute remains unresolved.
Despite these orders, the plaintiffs allege that Nduka Obaigbena and his children continued to interfere with the Receiver’s duties in defiance of the court’s directives.
Consequently, Form 48 notices were issued separately to Nduka, Efe, and Olabisi Obaigbena, warning that non-compliance with the October 24 order may constitute contempt of court and could lead to committal.
A similar notice was served on Dr. Layonu, cited as a “party to be bound,” cautioning him against any actions that could undermine the court’s orders.
The October 24 ruling explicitly restrained the defendants from obstructing or interfering with the Receiver or tampering with company assets. It also directed key government agencies—including the Nigerian Navy, NIMASA, the Inspector-General of Police, and the NNPC—to ensure the Receiver has unrestricted access to all company sites, including OML 120.
With substituted service now approved, the contempt proceedings will move forward. Should the defendants fail to comply with or respond to the Form 48 notices, the court may proceed to issue Form 49, the next step in seeking their committal for contempt.
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