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ASPMDA Election: Judge Decry Recurring Executive Disobedience to Valid Court Orders

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Justice A. Lewis-Allagoa of a Federal High Court sitting in Lagos has ordered the Registered Members of Auto Spare Parts and Machinery Dealers Association, ASPMDA, and Lagos State government to maintain status quo pending the suit over its association’s election.

Justice Lewis-Allagoa who reiterated the order earlier granted on July 22, 2021, by his learned judge, Justice P. O. Lifu, directed that all parties must respect the court order, while condemning executive rascality.

The judge ordered the ASPMDA not to conduct the association’s election pending when the matters before it are fully determined.

Justice Lewis-Allagoa emphasized that the representation by the Counsel’s is an indication that parties are fully aware of pending Court proceedings.

The suit (FHC/L/CS/1548/2021) was initiated by the Applicant in reaction to the letter of 18th October, 2021 purportedly written by the State Attorney-General directing Anthony Ohagwu to take over the leadership of ASPMDA and conduct elections within 45 days.

Also Read: Alleged N111.5billion Revenue Fraud Reports Indicts Zenith Bank

The suit is seeking among other reliefs an Order of Court declaring the letter of 18th October, 2021 ineffective, null and void.

The office of Attorney-General was duly represented in Court by one Adebayo Haroun and the Anthony Ohagwu and ASPMDA caretaker team were represented by one Chuks Nwalugha, Esq whilst the Association was represented by one Kehinde Yekeen, Esq.

On the 18th November, 2021 when the suit came up before the court, the Lagos State Counsel and the counsel to the Anthony Ohagwu informed the Court that they have an application challenging jurisdiction of Court and said applications were served on Applicant’s counsel in Court and by the relevant rules of Court he is are entitled to react to same within the period specified hence the application for an adjournment.

In a counter reaction, Counsel to ASPMDA, Kehinde Yekeen argued that It is absurd that despite the Order of Court, the Anthony Ohagwu has made it known to members of ASPAMDA that they have the backing of the State to disregard the Order of Court and conduct elections on the 25th of November, 2021.

“It is disturbing and very difficult to believe the claim by Anthony Ohagwu that Lagos State sanctioned their unprecedented flagrant disrespect to Order of Court.

Read Also: Court Orders Immigration To Release Dr Odili Passport

“The State Attorney-General who was well represented in Court by a senior staff of the ministry and a Minister in the Temple of Justice is expected to guide His Excellency on the need to see that the Order of Competent Court is giving effect to rather than giving a nod to an act of disobedience of court order by the alleged individuals.

“The action of the State Government cannot be excused on the basis of maintaining peace and order rather a position exhibiting Injustice and partiality within the multi billion naira plaza established by members of ASPMDA and most especially the action is a clearer picture of bringing the judiciary to odium” Kehinde argued.

Justice A. Lewis-Allagoa after oral application by the counsel to the applicant, ASPMDA, for parties to respect the integrity of court by adhering to the principle of LIS PENDE SI and arguments against such by the Counsel to Lagos State and Anthony Ohagwu, the Court granted an Order of Status quo ante Bellum pending the hearing of all applications challenging Court’sjurisdiction.

“This presupposes the fact that parties are asked to maintain their positions before the hostilities and not take further steps till 8th of December, 2021 when the suit was adjourned to” the judge said.

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Top Court News is a product of a dedicated Journalist, owner of I-Wahab Media The Publisher started his Journalism career with Murhi International TV, MiTV in 2003 before working with Radio Nigeria, Lagos Operation, as a Judicial Correspondent. He is presently the Vice Chairman of the National Association of Judicial Correspondent, NAJUC, Ikeja Branch and occupied same office with Nigeria Union of Journalist, NUJ, Radio Nigeria Chapel. topcourtnewsng.com is out to serve you with informative and educative News in the Judiciary sector. To put an end to the under reported activities of the sector among the three arms of government

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Firm Cries Out Over Alleged Invasion of its Property

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A company, Rockston Shelter Company Ltd has appealed to Inspector General of Police, IGP, to swift into action to curtail abuse of power in breach of public peace over action taken by his men on forged Supreme Court judgement.

In a petition written to the IGP by the company through their lawyer, Barrister Giwa Amu, the company alleged that one Mr Kunle Awoma of Adamakin Investment Works Ltd unlawful use policemen to take possession of all properties belong to Rockston Shelter Company Ltd.

According to the lawyer, the Supreme Court judgement of July 14, 2000 in Suit No: SC/48/1992 relied upon by the policemen to execute, and proceeded to forcefully and criminally take possession of the company properties is forged documents.

Barrister Amu stated that on the 2nd of December, 2021 Mr Kunle Awoma of Adamakin Investment Works Ltd led a group of twenty Mobile Policemen and Soldiers into the company’s site at Olopameta Community, Hopeville Estate Waterfront, Sangotedo, Ibeju-Lekki, Lagos State alleging that they have a Supreme Court Judgment to execute, and they forcefully take possession.

Read Also: NDLEA Arraigns 3 ‘Akala Boys’ Over 803kg Marijuana

The lawyer said that when his firm applied for a certified true copy of the said Supreme Court judgement it revealed that there was no such judgment and what was shown by the suspects is a forged document.

He stated that the activity of the suspect and his cohorts is capable of destroying investor confidence in Lagos State and may lead to a breach of the public peace and a breakdown of law, if not checked.

Rockston Shelter Company Ltd is therefore urging the IGP to use his good office to intiate a detailed investigation into the matter with a view to bringing the suspects to Justice.

The firm stated that late Efunroye Tinubu and the family trustee, Adamakin Investment & Works Limited), have no court judgment in their favour and no valid or legal allocation of land from the Lagos State government.

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N7bn Illegal Charges by Zenith Bank: Court Fixes Judgement Day

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A Federal High Court sitting in Lagos has fixed thirteenth of this month to deliver judgement in a suit over about seven billion naiira illegal charges been deducted by Zenith Bank in a customer account.

The suit was instituted by a Nigerian independent oil marketer, Olushola Anthony Adejuyigbe against Zenilth Bank Plc.

The date was fixed by Justice Ayokunle Faji on October 29, 2021, after parties adopted their final written addresses.

It would be recalled that Adejuyigbe alongside his company, Tonique Oil Services Limited, had in 2018 instituted a suit designated FHC/L/CS/1584/2012, against Zenith Bank Plc, over alleged illegal and excessive charges to the tune of N6, 441, 369, 617.73 billion.

In his amended statement of claim, Adejuyigbe through his counsel, Lanre Ogunlesi (SAN) revealed that in the course of its business activities, his company, Tonique Oil Services Limited obtained several credit facilities from Zenith Bank PLC while he pledged three of his properties as securities for the loan facilities.

Read Also: How Zenith Bank Frustrates Payment of $50 million Contract 

The oil merchant further stated that three different transactions leading to the legal battle occurred in his company’s Current Account where the alleged excess and illegal interest and charges were discovered and that upon discovery of the said charges, the company demanded a reversal but Zenilth Bank bluntly refused.

He also stated that a forensic accounting firm was engaged to scrutinize and analyse his company’s account, and it was then discovered that between August 2006 and December 2013, excess interest and charges on the company by Zenith Bank Plc had accumulated to the said sum.

Adejuyigbe is contending that he is not indebted to the bank, rather the bank has overcharged him to several billions of Naira.

He urged the court to declare that Zenith Bank, being a bank within the and control of CBN cannot charge interest on any facilities granted to him beyond the official approved policy rate of the Central Bank of Nigeria.

But Zenith Bank in its statement of defence, with its statement on oath sworn to by Senior Assistant Manager internal control and Audit Department of Zenith Bank, Vincent Ohanugo and filed by its lawyers, Ajibola Lawal-Akapo and others, denied almost all the plaintiff’s claims and stated that the company was granted several loans which include: ₦2.5 billion regular commercial paper; $36 million import finance facility; $6, 648 million commercial paper/usance facility; $9million import finance facility via usance facility and $11million short term import facility of ₦500 million.

Also Read: Loan Facility’s Reconciliation: Stallion & Zenith Bank To Be Audited

The bank also stated that the plaintiff authorized Zenith Registrars Plc to take steps to purchase the shares of the bank on its behalf, while also pledging 3.5million and 17,154,300 units of the shares respectively, in favour of the bank and authorized the bank to sell them to recoup part of the credit facilities the bank granted.

Zenith Bank also said the allegation of unethical conduct, lack of competence and professionalism against it by the plaintiff was made out of malice, confusion and frustration on the part of the plaintiffs.

The bank therefore urged the court to dismiss the suit for been frivolous and same amounting to abuse of court process.

 

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Alleged N12bn Fraud: Court Orders Banks To Provide Statements of Account of Ajetunmobi’s

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Justice Oyekan-Abdullahi of a Lagos High Court has ditected all Nigeria commercial banks to furnish it with comprehensive statements of account of Imagine Global Holding Company Limited, Imagine Global Solutions Limited and a couple, Bamise and Elizabeth Ajetunmobi within seven days.

The judge gave the order while granting prayer sought in a motion filed and argued by the plaintiff’s counsel, Mr. Adetunji Adedoyin-Adeniyi.

The two firms and the Ajetunmobi couple have been associated with N11,795,090,000 investment scam, by the claimants applicants who are aggrieved Nigerian investors.

According to the plaintiffs’ motion, the N11.795b is the outstanding investments and return on investments accruing to them from the defendants.

Mr. Adedoyin-Adeniyi, in urging the court to grant the application, argued that the reports the banks had already provided were faulty and could not be relied on.

Read Also: About €4M Theft: TPMS Ex Finance Director Trial Adjourned

He prayed for an order compelling the banks to furnish the court and serve the claimants’ counsel and Central Bank of Nigeria {CBN} not later than seven days from the date of receipt of the order of the court.

The items the banks are to provide include comprehensive statements of account of the 1st – 4th defendants from the 1st of January, 2020 till date and all the statements of account linked with BVN: 22168443525 {3rd Defendant} and BVN:22141952749 {4th Defendant}.

“The ‘Know Your Customer’ {KYC} duly completed forms of all the accounts in the name of the 1st – 4th defendants from the 1st of January, 2020 and all the approval and detailed information of all the foreign transactions coupled with the Telex/swift copies of all FX related transfer made by the 1st – 4th Defendants.

Others include the names, phone numbers and all the referees provided by the 1st – 4th defendants at the point of opening the accounts and all the accounts linked with BVN: 22168443525 (3rd Defendant) and BVN:22141952749 (4th Defendant) .

Also Read: N24bn Debt: Zenith Bank Drag Stallion Group To Court

An order compelling the CBN to place before the court a verifying affidavit to ascertain the correctness or otherwise of all the entries in the statement of accounts, documentation and details of all transfer of funds and ‘Know Your Customer’ {KYC} forms served on it by the following commercial banks, among others.

It also includes an order directing seven United Arab Emirates and United Kingdom firms to furnish before the court and serve on the claimants’ counsel.

The firms are EMAAR Development P.J.S.C, Dubai, United Arab Emirates, Quastel LLP- 54 Bakers Street, London {Jonathan Neilan}, H & S Real Estate, Dubai, United Arab Emirates, The Lagoons Phase 1, LLC, Dubai, United Arab Emirates, The ARC {EC ONE}, 225 City Road, London EC1V 1JT, Lewis Assim, London, United Kingdom and Augustine Clement Solicitors – 1, 83 Lewisham High Street, London SE13 5JX.

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