Sheriff’s Absence Stalls Hearing in AMCON’s Motion against Seizure of Arik Aircrafts, Properties 

Alex Enumah in Abuja

Hearing in a suit by the Asset Management Corporation of Nigeria (AMCON) against the order for seizure of Arik Air properties, was yesterday, stalled before a High Court of the Federal Capital Territory (FCT), Abuja.

The hearing could not go on as scheduled owing to the absence of the Deputy Sheriff.

AMCON in the suit marked: CV/3325/2024, is praying the court to set aside the order of another High Court of the FCT which ordered the Atlas Petroleum International Ltd to seize and dispose four aircrafts and properties linked to Arik Air over $2.5 million judgement debt.

The plaintiff in the suit filed on July 27, was claiming that it was the only body in the country saddled with the responsibility of taking over the management and subsequent disposal of any assets standing to the credit of any party in a dispute.

Besides, the corporation submitted that the airline was already under another receivership following its indebtedness to Zenith Bank Plc to the tune of N37 billion.

Few days ago, the federal government had grounded two aircraft belonging to Arik Air following the order of court.

However, hearing in the suit could not go on due to the non-service of the court documents on the Deputy Sheriff as required by law.

Deputy Sheriffs are officials of high courts who enforce and execute judgements of courts.

Trial judge, Justice Iheme Nwosu subsequently fixed August 5th and 12th for hearing of the suit.

Speaking with journalists shortly after the proceedings, Counsel to Atlas Petroleum Limited, Sebastine Hon, observed that while his clients were in the process of enforcement, “AMCON surprisingly, I will say, came to intervene that Arik Air is under receivership when they were aware of the matter right from the Lagos High Court to the Supreme Court and the judgments were given against Arik.”

The senior lawyer stated that his client would go ahead with the enforcement as permitted by the law, adding that, “we will not flout the law or any order of court but as it is, the Minister of Aviation who was served with the enforcement orders has succeeded in grounding two aircrafts which are not related to the application AMCON brought to court to stop the enforcement.”

A former judge of the FCT High Court now in Court of Appeal, Justice Olukayode Adeniyi had on June 26, 2024, issued an order directing the attachment and sale of all movable properties of the Arik Air Limited found within the jurisdiction of the court.

Consequently, the judgement creditor in enforcing the order of the court had seized aircraft, aircraft hangers, especially Boeing 737 with registration numbers: B737.700/5N-MJF,  B737.800/5N-MJQ,  DASH8.Q400 and 5N-BKK in satisfaction of the $2.5 million debt against the airline.