Tag: Court

  • 98 Court of Appeal panels sit on 1,209 polls petitions

    98 Court of Appeal panels sit on 1,209 polls petitions

    Ninety-Eight Court of Appeal panels have been sitting on the 1,209 petitions that were filed after the last general elections, President of the Court of Appeal (PCA), Justice Monica Dongban-Mensem, stated yesterday.

    Besides, she said the appellate court attended to 813 cases that arose from the primaries conducted by the 18 political parties that participated in 2023 general election across the 36 states and the Federal Capital Territory (FCT).

    Justice Dongban-Mensem said the political cases have been engaging the court to the detriment of other cases, which she noted, have economic and social implications.

    The PCA) President spoke in Abuja while ruminating over the burden that mounting political cases were constituting on the court.

    It was during a special session to mark the Court of Appeal’s 2023/2024 new legal year.

    She urged politicians to learn how to manage their affairs and learn to let go when necessary.

    The Justice said: “Democracy is beautiful, it is the way to go. However, politicians should, in the interest of our national economic development, imbibe the spirit of good sportsmanship.

    “They should pay more attention to internal democracy and exercise the spirit of loyalty to a cause which necessarily entail letting go in the interest of discipline and internal harmony.

    “All elections need not end up in court. We must all remember that we hold the balance between chaos and order.

    “We must therefore maintain our ongoing collaboration in fostering a stronger democratic foundation for our nation in discharging our constitutional role for a more perfect union.”

    On the burden of attending to political-related cases: the PCA President added: “Following the conduct of primary elections prior to the 2023 general elections, the court received a total of 813 appeals arising from the primary elections, across the 36 states of the Federation and the FCT.

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    “These appeals were diligently heard and determined in a timely manner and in compliance with the tenets enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended) and other regulatory rules.

    “The election petition tribunals were established in three distinct categories: The Presidential Election Petition Court, the Governorship Election Petition Tribunal, and the National and State Houses of Assembly Election Petition Tribunal.

    “This categorisation facilitated the efficient handling of election-related disputes. A total of 98 panels were constituted across the various Tribunals tasked with the responsibility to handle the 1,209 petitions filed.

    “Among these petitions, five were directed at the Presidential Election Petition Court, 147 were for the Senatorial Election, 417 the House of Representatives, 557 associated with the State Houses of Assembly, 83 focusing on the gubernatorial elections.

    “Twenty-eight states participated in the governorship elections, and petitions were filed in 24 states.

    “Notably, four states (Kwara, Niger, Yobe, and Katsina) had no governorship election petitions filed. There will be off cycle governorship elections in Bayelsa, Imo and Kogi States respectively, scheduled for 11th November, 2023.

    “We have already received a number of pre-election appeals related to the conduct of political party primaries in these states and we are working assiduously to ensure that they are promptly disposed of.

    “The cost and negative effect of electoral litigation is becoming worrisome. It is becoming economically alarming that the ensure Nigerian judicial system is inundated with electoral litigation and adjudication almost all year round.

    “It is a matter of concern that a large number of judges of the trial court have been engaged for six months in the exclusive management of electoral cases.

     “The implication is that commercial matters are tied down in our courts. Industrial disputes and land matters which when determine in good time could create jobs and release cash flow into the economy are ted down in court registries.

    “I call on statisticians to calculate, tabulate and publish the economic cost of these details and the benefits we lose in terms of time.”

    She commended Justices and support staff of the court for a commendable performance in the previous year and urged the Federal Government to ensure prompt improvement on the welfare and work condition of officials of the court, particularly the judges.

    “I wish to point out that it has been three years since we appealed to the Federal Government for the review of the salaries of judicial officers.

    “Regrettably, no action has been taken. We have remained on the same salary for three years now. It is beginning to sound like a tale of the unexpected.

     “I humbly urge the appropriate authorities to kindly consider this matter and take urgent measures for its resolution.

    “It is unfortunate that in light of the increases in costs since the last review, Justices continue to live almost beggarly lives in service of their nation.

    “The effect of this leaves much to be desired. Naturally, this contributes to the stresses and adverse health challenges experienced by the nation’s finest jurists.”

    On the court’s performance in the previous year, Justice Dongban-Mensem noted that “during the 2022/2023 legal year, a total of 7,295 Appeals and 3,665 Motions were filed in the 20 divisions of the court.

    “The court determined 3,765 appeals and disposed of 5,617 motions, while 1,030 of these appeals were dismissed and 10,381 were allowed.

    “The court still has a total of 39,526 appeals pending as at 31th of August, 2023. This is an increase from 34,037 pending in the court in the 2021/2022 Legal Year. “Consequent on the shortfall of 18 Hon. Justices, special panels were convened to alleviate the strain on heavily burdened divisions.

    “A total of 484 appeals/motions were taken in 10 divisions of the court. The special panels disposed of 232 appeals, while 128 appeals were reserved for judgment.

    Special panels are a serious constraint on the resources of the court,” she said.

  • Sanwo-Olu to revive vandalised Igbosere Magistrates’ Court

    Sanwo-Olu to revive vandalised Igbosere Magistrates’ Court

    Lagos State Governor, Babajide Sanwo-Olu, has expressed his commitment to improve the state’s judiciary by ensuring a conducive environment and better welfare for the third arm of government.

    Sanwo-Olu said this would include completing the renovation of the JIC Taylor Court House, (Igbosere Magistrates’ Court), Lagos that was looted and vandalised by hoodlums who took advantage of the anti-police brutality protest of October 22, 2020.

    He assured that various court facilities, including the Tapa courthouse on Lagos Island, would also be renovated, and the government would address other essential needs of the magistracy.

    He spoke at the Cathedral Church of Christ, Lagos, during a special thanksgiving service for the opening of the 2023/2024 legal year thanksgiving in the state.

    He said his administration had “given its commitment to finish the Tapa court, the JIC, Taylor Magistrate Court and also to ensure that all our Magistracy has asked for privately, we will do publicly and more.”

    The governor appreciated and encouraged the judiciary, saying it had done well under Chief Judge Justice Kazeem Alogba.

    He said: The dedication of our legal community has ensured that justice continues to be served even in the most trying times. Therefore, I urge you all to continue in this line, bearing in mind the work you do for the smooth functioning of our society.”

    He emphasised the importance of collaboration between the Executive, Legislature, and Judiciary, adding that “Building the Lagos State of our dream, requires that all hands be on deck.”

    Pledging better support for the judiciary from the executive, he said his administration would do everything within its power “to make the environment conducive, to enable you to discharge your duties without fear or favour”

    Read Also: BREAKING: Sanwo-Olu, Hamzat ticket inseparable, says tribunal

    Earlier, the Diocesan Bishop of Lagos, Rt. Rev Ifedola Okupevi, urged the governor to rule with equity, adding that judges should also allow fairness to show in their judgments.

    The event also featured a Jumaat service at the central mosque on Lagos Island featuring Lagos state Chief Judge, Justice Kazeem Alogba.

    Justice Alogba highlighted the importance of good behaviour, blaming parents for what he perceived as moral decadence in the society.

    He urged parents to take a more active role in nurturing good character and moral conduct.

  • BREAKING: Fire guts Supreme Court building

    BREAKING: Fire guts Supreme Court building

    A section of the Supreme Court Premises in Abuja is on fire. 

     The cause of the fire incident which started this morning is yet to be ascertained as of press time.

    Read Also: Fed Govt to appoint more Justices for Supreme Court, says Fagbemi

    The Nation learnt that offices of three Justices have allegedly been burnt down. 

     Details shortly…

  • Court stops PDP from dissolving Rivers chapter exco

    Court stops PDP from dissolving Rivers chapter exco

    A Federal High Court, Abuja, yesterday restrained the national body of the Peoples Democratic Party (PDP) from dissolving the Rivers State chapter of the State Executive Committee (SEC), over alleged anti-party activities.

    Delivering judgment, Justice Inyang Ekwo said he found that the case of the plaintiff, Mr. Desmond Akawo, succeeded on merit.

    The News Agency of Nigeria (NAN) reports that Akawo, the Rivers’ PDP chairman, had sued the party and Dr. Iyorchia Ayu, the former national chairman representing himself and members of the National Working Committee (NWC) and National Executive Committee (NEC)) as 1st and 2nd defendants.

    The plaintiff also joined the Independent National Electoral Commission (INEC) as 3rd defendant in the amended originating summons marked: FHC/ABJ/CS/112/2023 and filed on March 9 by his counsel, Dr. Joshua Musa, SAN.

    Akawo sought the court’s determination whether having regard to Section 223 of the 1999 Constitution and Article 47(1) of the Constitution of the PDP (as amended in 2017), they were not entitled to serve out their term.

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    He said he and other members of the SEC, the LGA executive committees and the ward executive committee were elected and sworn-in pursuant to the state’s congress held on March 21, 2020 and were entitled to complete their four-year term, which expires on or about May 22, 2024.

    Akawo, in the affidavit which he personally deposed to, averred that the PDP and its national chairman on January 4, prior to the general election, threatened to unilaterally dissolve the Rivers’ chapter of SEC and replace the same with an Interim Caretaker Committee.

    He, however, said prior to the threat, neither any member of the state committee nor himself had ever been queried by them.

    He, therefore, sought an order of injunction restraining the party and the national chairman from dissolving, suspending or truncating the tenure of the Rivers’ SEC, the LGA executive committees and the ward executive committees until May 22, 2024, when their four-year term would expire, among other reliefs.

    Justice Ekwo held that the PDP and its national chairman did not deny Akawo’s averments.

    “Essentially, the 1st and 2nd defendants have admitted the case of the plaintiff on this issue.

    “The law is that facts admitted need no further proof;” he said.

    The judge, who granted Akawo’s reliefs, declared that the party and its national chairman cannot unilaterally and without reasonable cause, dissolve the state’s EXCOs who were democratically elected for a four-year period.

     He also gave an order of injunction, restraining them from appointing any person or group of persons as interim caretaker committee in the state until May 22, 2024.

    Justice Ekwo further gave an injunction order restraining INEC from according recognition or accepting any name as caretaker committee of the PDP in the state except those democratically elected and represented by Akawo in the suit.

  • Court remands online publisher, officials of National Theatre, others over fake news publications

    Court remands online publisher, officials of National Theatre, others over fake news publications

    An Apapa magistrates’ court in Lagos State on Tuesday, September 19, remanded an online news publisher alongside an official of the National Theatre and his collaborator at the National Troupe of Nigeria in the Ikoyi Correctional Centre, Lagos over publication of false, defamatory and malicious news reports.

    The Chief Magistrate, Olanrewaju Olatunji, ordered the remand of the three suspects at the Correctional Centre, pending the perfection of their bail conditions.

    The defendants, a publisher of Society Reporters, an online news platform, Sunday Adebayo and a level 13 officer of the National Theatre, Ephesian Ndoza and an associate professor at the University of Lagos and a level 16 officer of the National Troupe of Nigeria, Dr Shaibu Husseini are standing trials for defamation of character and peddling of fake news against a businessman, philanthropist and traditional ruler of Otumara community, High Chief Kehinde Kalejaiye, an offence punishable under section 95 (1) (b) of the criminal law of Lagos State of 2015.

    The defendants include the publisher of Society Reporters, Sunday Adebayo, an online news platform, as well as Ephesian Ndoza, a level 13 officer at the National Theatre, an associate professor at the University of Lagos, Shaibu Husseini,  and a level 16 officer at the National Troupe of Nigeria, are facing trial for defamation of character and spreading false news about High Chief Kehinde Kalejaiye, a businessman, philanthropist, and traditional ruler of Otumara community, an offence punishable under section 95 (1) (b) of the criminal law of Lagos State of 2015.

    Read Also: Alleged fraud: Court refers case against two businessmen to Police for investigation

    It would be recalled that in separate online publications, the suspects, on April 9, 2023, published defamatory reports on Society Reporters and circulated same on Nairaland, Aljaziran press, Newsbreak Naija amongst other news platforms under the headline, “Concerned Staff of National Theatre petitions ICPC to wade into corrupt activities of top director, Femi Joel and his co-conspirators.”

    The prosecutor, Mike Enejere Esq, told the court that the offences were committed on April 9, 2023 at the National Theatre, Lagos.

    The charge read: “That you, Sunday Adebayo ‘M’, Shaibu Husseni ‘M’ and Ephesian Nodza ‘M’ on or about the 9th of April, 2023 at National Theatre, Lagos, within the magisterial jurisdiction of this honourable court did conspire amongst themselves to bring false accusation against the person of a traditional ruler of Otumara community, High Chief Kehinde Kalejaiye, knowing full well that he is innocent of the alleged offence. You hereby committed an offence punishable under section 95 (1) (b) of the criminal law of Lagos State of 2015. 

    “That you, Sunday Adebayo ‘M’, Shaibu Husseni ‘M’ and Ephesian Ndoza ‘M’ on the same date, place and within the magisterial district aforementioned, caused to be published and circulated, in the Society Reporter online news platform, Nairaland, Newsbreak Naija and Aljaziranpress information likely to provoke High Chief Kehinde Kalejaiye, knowing same to be incorrect. You thereby committed an offence punishable under section 57 (b) of the criminal laws of Lagos State of 2015.”

    The suspects pleaded not guilty to the charges.

    The Chief Magistrate, Olarewaju Olatunji granted the accused bail in the sum of N500, 000 with two surety residence within the jurisdiction. 

    He added that the surety must be gainfully employed and a grade level 14 of the federal or state Ministry but not Ministry of Education and Information. The surety must possess landed property and must not be blood relations. 

    The court adjourned to December 14 for the commencement of trial or settlement.

  • Alleged fraud: Court refers case against two businessmen to Police for investigation

    Alleged fraud: Court refers case against two businessmen to Police for investigation

    A Grade I  Area Court in Kubwa on Tuesday, refered a case of alleged fraud filed against Simon Ndulue and Favour Chibuzor to the police for investigation.

    The judge,  Malam, Ibrahim Rufai, gave the order pursuant to the provisions of Section 89 of the Administration of Criminal Justice Act (ACJA) following the submission of the defence counsel, Ijeoma Ndulue.

    Rufai however referred the matter to the Area Command Kubwa for investigation and to determine whether it is civil or criminal in nature.

    The direct criminal complaint was instituted by the complainant, Bridget Ikechukwu through her lawyer, George Presley but the plea of the defendants were not taken.

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    Earlier, the defence counsel filed a notice of preliminary objection challenging the jurisdiction of the court, citing Section 8(2) of the Administration of Criminal Justice Act (ACJA ).

    “The section states that a suspect cannot be arrested based on a civil matter of breach of contract and the matter here is regarding sale of shops, it is purely civil and not criminal” Ndulue said.

    In response, the complainant’s lawyer held that the objection was not ripe for hearing because he was served on Sept.18 and had 48 hours to respond.

    Presley urged the court to discountenace the defence counsel ‘s submission adding that the defendants should take their plea.

    The News Agency of Nigeria (NAN) reports that the complainant alleged that she paid the defendants N150,000 and N140,000 respectively for portions of shops at Central Market Kubwa sometime on July 27.

    She further alleged that the defendants sold the shops to her deceitfully because two days after payment, the Federal Capital Development Authority (FCDA) officials demolished the shops.

    She said when she requested for her money from the defendants but they refused to pay back.(NAN)

  • Court sets aside ex parte order against energy firm

    Court sets aside ex parte order against energy firm

    The Federal High Court in Lagos has set aside an August 3, 2023 ex parte Mareva Injunction it made against Cleanserve Integrated Energy Solutions Limited.

    Justice Akintayo Aluko, who lifted the order, ruled that the May 19, 2023 petition filed by Citipoint (Legal Practitioners), which led to the order, was incompetent and a nullity.

    He also struck out all other court processes filed by Citipoint (Legal Practitioners) which gave birth to the injunction.

    The judge further set aside the execution of the ex parte order dated August 3, 2023, which was carried out on or about August 21, 2023, against Cleanserve.

    Justice Aluko held: “The instant petition as presently constituted remains an abuse of court process, incompetent and a nullity.

    “Both the order of this Court made on 3/8/2023, which was meant to last till the determination of the petition and its consequent execution have no leg to stand as they are a nullity without any foundation in the eye of the law to stand. I so hold.

    “The two issues formulated by the parties are therefore resolved in favour of the Applicant and against Olalekan Abdul.

    “In conclusion, the application dated and filed on 28/8/2023 has merit and reliefs 1, 2 and 3 prayed for therein, are accordingly granted. No order as to cost. Parties are to bear their respective cost.”

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    Justice Nicholas Oweibo, also of the Federal High Court, had on August 3, 2023, made the ex parte order for winding up of Cleanserve, after hearing the petitioner’s counsel, Adeyinka Olumide-Fusika (SAN), move the ex parte motion in Chamber.

    But the firm, through its counsel Babajide Koku (SAN), approached the court to set aside both the ex parte order and its execution.

    Koku, who led Toheeb Ipaye, told the court that the application to set it aside was founded on nine grounds, which are:

    “The suit was improperly constituted; the ex-parte order of 3rd August 2023 was obtained by misrepresentation and concealment of facts; at the time the ex-parte order of 3rd August 2023 was granted, the Petitioner/Party Affected’s appeal against the judgment in FHC/L/CP/03/2021 had been entered at the Court of Appeal.

    “At the time the ex-parte order was granted, applications were pending at the Federal High Court and Court of Appeal seeking a stay of execution and injunction pending appeal of the judgment in FHC/L/CP/03/2021.

    “The ex-parte order was sought purportedly on behalf of Cleanserve Integrated Energy Solutions Limited,” but Cleanserve Integrated Energy Solutions Ltd did not authorise such an application to be made on its behalf.

    “Cleanserve Integrated Energy Solutions Limited did not authorise the institution of this suit/petition; the ex parte order of August 3, 2023 is a nullity.

    “The representation of Cleanserve Integrated Energy Solutions Limited by the Law Firm of Citipoint (Legal Practitioners) should be discountenanced as such representation violates the provisions of Rule 17 of the Rules of the Professional Conduct for Legal Practitioners.”

    The senior lawyer submitted that Mr. Olalekan Abdul got the order ex parte on behalf of Cleanserve as a result of misrepresentation and concealment of material facts, adding that the appeal was entered on July 11, 2023, while the ex parte order was made on August 3, 2023.

    But Olalekan Abdul’s lawyer, Mr. Olumide-Fusika submitted, among others, that the petition was competent because it was filed based on the order of court and therefore amounted to voluntary winding up petition.

    On the issue of concealment of material fact, the lawyer argued that a case of concealment of material fact was not made out because the judge who conducted proceedings in FHC/L/CP/03/2021 was the same judge who conducted proceedings in the instant case who granted the order.

    But Justice Aluko ruled in favour of the company and set aside the ex-parte order.

  • Firm recovers Foreshore Towers, as court vacates order

    Firm recovers Foreshore Towers, as court vacates order

    Associated Property Development Company Ltd has recovered possession of 2A Osborne Road, Ikoyi, Lagos (Foreshore Towers) following an order of the Federal High Court sitting in Lagos.

    The order was made on September 13 by Justice Akintayo Aluko against six defendants/respondents – who were in alleged unlawful occupation – following an ex parte application by the firm.

    Justice Aluko made the order after hearing Abubakar Shamsudeen for the plaintiff/applicant who argued that the property had been taken over by the defendants following an order they obtained from the Lagos High Court contrary to the existing order of Justice Daniel Osiagor which was executed on  July 24.

    The first to sixth defendants/respondents are the Federal Ministry of Communications and Technology, Otunba Olusola Adekanola, Nigeria Telecommunications Ltd, Federal Ministry of Lands, Housing and Urban Development, Implementation Committee on Alienation of Federal Government Property and the Attorney-General of the Federation.

    The order, among others, restrained the 2nd and 3rd Defendants (Otunba Adekanola, Nigeria Telecommunications), their principal, Bureau of Public Enterprises and any person acting on their behalf “including the Inspector-General of Police and all its subordinates from parading themselves as the new owners of the property at 2A Osborne Road, Ikoyi, Lagos State pending the full resumption of continuation of hearing of the substantive suit by the regular Court and hearing of Motion on Notice filed on 17th May.”

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    It also restrained the defendants from collecting any rent or further rent or charges or from ejecting, evicting, or in any manner whatsoever disturbing or further disturbing the quiet possession and enjoyment of the Applicant’s Tenants from the Applicant’s Tenant at the property.

    The firm, as plaintiff/respondent in the suit marked FHC/L/CS/4767/2008 executed the order on the Foreshore Towers premises comprising among others, the high-rise and Pee Galleria Shopping Mall buildings.

    Associated Property Development Company Ltd’s Human Resources/Admin Manager, Mrs. Joyce Ogala, who executed the order alongside court officials, noted that some of the property had been vandalised allegedly during the respondents’ occupation.

    She stated that this was the second time the premises would be “invaded” after a previous court order sacking the defendants from the property.

    Ogala said: “On the 24th of July we were here to carry out the first execution based on the court order that was given, but on the 28th of August we had a re-invasion by the said BPE and Co. They took over the property and they’ve been here for a while. But today, thank God we have a court order of September 13, 2023, and we’ve executed it.

    “It is disheartening to see what has happened in our offices. All the doors that we locked at the close of work were broken and accessed, the access control to our offices was all broken and destroyed completely, and the access security doors were broken and destroyed completely. For us to witness this, to see that things that we kept intact were vandalised by the said party is really disheartening.

    “CCTV cameras on the building were bound by them, so we unbound them. Some CCTVs in our personal offices were damaged or destroyed. At the penthouse, we found out that cutting machines and some fuses were missing from that office. So, a lot of damage occurred. We can’t quantify the damages right now, but we are sure that by the time we settle in gradually, we will know the extent of the damages.

    “The order of September 13 has been served on all the parties and they’ve received it.”

    The case resumes October 30.

  • JUST IN: Appeal Court gets nine new Justices

    JUST IN: Appeal Court gets nine new Justices

    The number of Justices of the Court of Appeal would rise by nine on September 20, when the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola administers the oath of office on them.

    The number of judicial officers on the Supreme Court’s bench would, however, reduce by one with Justice Amina Augie’s retirement on September 21, leaving the court with 11 Justices as against the total number of 21 provided in the Constitution.

    Supreme Court’s Director, Press and Information, Dr. Festus Akande said, in a statement, that the swearing in of the nine new Justices of the Court of Appeal will hold in the Main Court auditorium of the Supreme Court at 11:00am. 

    He added: “The Justices are: Hannatu Azumi Laja-Balogun from Kaduna State, who was appointed a High Court Judge on 24th May, 1999; Binta Fatima Zubairu from Kaduna State, appointed a High Court Judge on 31st October, 2001; and Peter Chudi Obiora from Anambra State, who was sworn-in as High Court Judge on 17th January, 2005, respectively. 

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    “Others are Justices Okon Efreti Abang from Akwa Ibom State, who was appointed a High Court Judge on 22nd June, 2009; Asma’u Musa Mainoma from Federal Capital Territory, appointed High Court Judge on ist February, 2013; Lateef Adebayo Ganiyu from Oyo State, who became High Court Judge on 26th June, 2014; and Jane Esienanwan lyang from Cross River State, who was sworn-in as High Court Judge on 12th February, 2015. 

    “The rest are Justices Hadiza Rabiu Shagari from Sokoto State, who got elevation to the High Court Bench on 12th February, 2015; and Paul Ahmed Bassi from Borno State, appointed to the High Court on 14th July, 2017, respectively. 

    “Meanwhile, Justice Amina Adamu Augie will formally retire from the 

    Supreme Court Bench on Thursday, 21st September, 2023 after attaining the mandatory retirement age of 70 years on Sunday, 3rd September, 2023. 

    “The valedictory court session in her honour was delayed because of the annual vacation of the Court which just ended on Friday, 15th September, 2023. 

    “Justice Amina Augie was swom in as Justice of Supreme Court on 7th November, 2016. 

    “She graduated with a Second Class Upper Division in Law from University of tfe (now Obafemi Awolowo University) in 1977 and was called to the Nigerian Bar in 1978. 

    “With her retirement, the Court is now left with 11 Justices.”

  • Court orders stay in FBN, shareholders’ AGM dispute

    Court orders stay in FBN, shareholders’ AGM dispute

    The Federal High Court in Lagos Friday, September 15, ordered a stay of proceedings in the suit filed by three aggrieved FBN Holdings Plc shareholders over the firm’s Annual General Meeting (AGM) held on August 15, 2023.

    Justice Akintayo Aluko had earlier directed counsel in the matter to address him on whether the court can proceed with the case because of an appeal pending before the Court of Appeal in Lagos and another application seeking a stay of proceedings.

    The judge, in a ruling on the written addresses filed by parties, noted that what was before the appellate court was not just an application to stay proceedings, but that the substantive relief of the appeal was also asking for a stay of proceedings.

    Justice Aluko held: “The ruling of the court is now a subject before the court of appeal. It is settled by a long line of decisions of the Supreme Court that the lower court should avoid judicial engagement in proceedings pending before it.

    “It is my view that it is better to avoid any judicial engagement in proceedings before this court that is capable of defying the judicial authority of the court of appeal, whose decision may impact the proceedings before this court.

    “Going by the tone of events and the level of controversy the matter has generated it’s better to give the senior brothers at the Court of Appeal an opportunity to look into the case.

    “The pending ruling of the court is kept in abeyance in scared obedience to judicial authorities of the Court of Appeal, I hereby order maintenance of status quo.”

    The aggrieved shareholders -Solomon, Adebayo Oluwafemi Abayomi, and Ogundiran Emmanuel Adejare had urged the Federal High Court for an order stopping the bank’s AGM before it held on August 15 pending the hearing of their suit number FHC/L/CP/1575/23.

    But FBN Holdings had in its Notice of Appeal asked the court to nullify the ex-parte order stopping the bank’s AGM.

    Read Also: BREAKING: Supreme Court dismisses APC’s case against Enugu Gov Mbah’s victory

    The firm, in a Notice of Appeal filed on its behalf by its team of lawyers led by Mutalubi Adebayo (SAN), is also asking the upper court for an order allowing its appeal and an order directing that a different Judge of the Federal High Court Lagos be assigned to hear the substantive matter.

    The lawyer further argued that the lower court lacked the jurisdiction to grant the ex-parte order because the condition precedent under the Federal High Court Rules for the hearing of the suit was not met by the petitioners.

    Three aggrieved FBN Holdings Plc shareholders, Olojede Adewole Solomon, Adebayo Oluwafemi Abayomi, and Ogundiran Emmanuel Adejare, had approached the court presided over by Justice Nicholas Oweibo seeking an order stopping the bank’s Annual General Meeting scheduled for August 15 pending the hearing of their suit number FHC/L/CP/1575/23.