Lagos — President of Dangote Group, Alhaji Aliko Dangote, has filed an application before a Federal High Court in Lagos, asking for a stay of execution on a bench warrant issued against him for failure to appear before it in a contempt proceeding instituted by some shareholders of the African Petroleum Plc.

Dangote is also asking Justice James Tsoho to stay proceedings in the contempt proceedings, pending the determination of his appeal on his ruling at the Court of Appeal in Lagos.

He is also asking the judge to hold that he has a duty to stay proceedings in the matter to avoid rendering the judgment of the appellate court nugatory.

He is further asking the judge to take judicial notice of the need to preserve the res (the subject matter) and avoid a situation where a fait accompli will be foisted on the appellate court.

The judge had in his ruling on Thursday, July 22, 2010, held that the integrity of the court was being challenged, saying that he would first address the issue of contempt before jurisdiction.

Dissatisfied with the decision, Dangote had through his lawyer, Mr. Rickey Tarfa (SAN), filed a Notice of Appeal dated July 23, 2010 before the Court of Appeal in Lagos, asking it to set aside the said ruling of Justice Tsoho.

Tarfa had anchored his client's appeal on nine grounds and urged the appellate court to direct the Chief Judge of the Federal High Court, Justice Dan Abutu, to transfer the suit from Justice Tsoho to another judge.

According to him, the judge erred in law and misdirected himself when he assumed jurisdiction to hear contempt proceedings, saying that the court did not ascertain the service of court process on the parties before taking the application.

He also claimed that the trial judge erred in law when he made an order for the issuance of a bench warrant for his client's arrest, saying that there was no justification for the order as it would affect the liberty of his client.

Fourteen shareholders had on July 29, 2009, filed an originating summons on behalf of the AP against 14 defendants and alleged massive manipulation of the AP shares.

The plaintiffs include Shofolahan Joke, Nwosu Nnamdi, Adeleke Adetunji, Obaerinde Obatosho, Soares Akintola, Ajani Abidoye, Igbrude Moses and Kudaisi Sarat.

Others are Nwosu Nnabike, Omojola Omoniyi, Osadinizu Nwosa, Odukale Adeboye, Amiolemeh Angus and Adefuye Oloruntele.

The plaintiffs also named Mr. Femi Otedola, Mr. Tunde Dalasinnu, Mr. OSA Osunde, and Rev. Layi Bolodeoku, Mrs. Grace Ekpenyong, Mr. Sebastian Adigwe, Mr. Segun Sobanjo and Mr. Stanley Lawson as co-defendants to the suit.

Other defendants include Mr. Clement Avionwh, Mr. Christopher Adeyemi, Alhaji Aliko Dangote, Nova Finance & Securities Ltd, the NSE and the Securities & Exchange Commission.