Court Orders Substituted Service On Obaigbena, Layonu, Others Cited for Contempt

General Hydrocarbons Limited (in receivership) and its court-appointed Receiver, Mr. Seyi Akinwunmi, have filed Form 48, initiating contempt proceedings against media executive Chief Nduka Obaigbena, his children, Efe Damilola and Olabisi Eka Obaigbena, and their counsel, Dr. Abiodun Ishola Layonu, SAN.

The Federal High Court in Lagos has also authorised the Applicants to serve the contempt processes on the alleged contemnors via substituted service.

Justice Akintayo Aluko granted the orders on Friday, November 14, 2025, following an ex parte application moved by plaintiffs’ counsel, Mr. Ade Adedeji, SAN.

In two separate affidavits, the plaintiffs stated that attempts to serve the defendants personally with Notices of Consequences of Disobedience to Court Order (Form 48) were unsuccessful.

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 personal service. He also attempted service the same day at the office of their counsel at 3rd Floor, Wesley House, Marina, Lagos, again without success.

Agbai-Abosi’s affidavit noted that the Awolowo Road address had been provided by the defendants in a previous suit and remains their last known address as directors of General Hydrocarbons Limited.

Following the bailiff’s Affidavit of Non-Service dated November 14, 2025, the plaintiffs applied for substituted service.

Justice Aluko subsequently granted leave for the Form 48 notices and all subsequent contempt processes to be served by pasting them at the defendants’ last known address in Ikoyi and at Dr. Layonu’s office in Marina. Alternatively, the court authorised publication of the notices in a widely circulated national newspaper.

General Hydrocarbons Limited was placed in receivership under a Deed of Appointment dated September 18, 2025. On October 24, 2025, the court issued broad interim orders empowering Receiver Akinwunmi to take possession of and manage all company assets pending the determination of a motion on notice.

The orders cover both movable and immovable assets, including the company’s Awolowo Road office and its interests in Oil Mining Lease (OML) 120.

The court also issued Mareva injunctions restraining more than 30 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 until the matter is resolved.

The plaintiffs alleged that Obaigbena and his children continued to interfere with the Receiver’s authority in defiance of the court’s orders.

The Form 48 notices, addressed separately to Nduka, Efe, and Olabisi Obaigbena, warn that failure to comply with the October 24 order may constitute contempt of court and could result in committal.

A similar notice was issued to Dr. Layonu, SAN, identified as a “party to be bound,” cautioning him against taking any action that undermines the court’s directives.

In the October 24 ruling, the court had expressly restrained the defendants from obstructing the Receiver, interfering with his duties, or tampering with company assets.

It also directed government agencies—including the Nigerian Navy, NIMASA, the Inspector-General of Police, and the NNPC—to ensure the Receiver has unfettered access to all company locations, including OML 120.

With substituted service now approved, the contempt proceedings are set to proceed. Should the defendants fail to comply with the existing orders or respond to the Form 48 notices, the court may issue Form 49, commencing formal committal proceedings for contempt.