The Nation Newspaper

Tag: Kunle Ogunba

  • LPPC strips lawyer of SAN rank, withdraws another’s nomination

    LPPC strips lawyer of SAN rank, withdraws another’s nomination

    The Legal Practitioners’ Privileges Committee (LPPC) has announced the withdrawal of the rank of Senior Advocate of Nigeria (SAN) from Mr. Kunle Ogunba.

    This came after the Nigerian Bar Association (NBA) cleared him of misconduct allegations.

    LPPC, in a statement signed by its Secretary and Registrar of the Supreme Court, Hadizatu Mustapha, said Ogunba’s rank was withdrawn based on a petition by Honeywell Group, alleging professional misconduct against him.

    The company accused the lawyer of filing multiple suits against its subsidiaries before different judges of the Federal High Court on the same subject “with the deliberate aim of abusing the process of the court.”

    LPPC said: “After a thorough investigation of the petition by the sub-committee set up by the LPPC (at which the respondent was given a fair hearing), it was decided that the petition is meritorious. Therefore, the LPPC has withdrawn the rank of SAN from Kunle Ogunba and other privileges attached to the rank.”

    LPPC also withdrew the nomination of a lawyer, Oluwatoyin Bashorun, for the conferment of the rank and barred her from applying for three years.

    It said: “The petitioner’s petition is meritorious, having found that the petitioner stayed and continued to stay in a rented property for nine years without paying rent.

    “In view of the above, the Committee has decided that the nomination for conferment of the award of Senior Advocate of Nigeria on Olawatoyin Ajoke Bashorun on July 6, 2017 is hereby withdrawn.”

    The NBA, in its August 5, 2016 response to Honeywell Group’s petition, cleared Ogunba of any wrongdoing.

    In the letter signed by its then General Secretary, Mazi Afam Osigwe, the association said after a careful reading of the petition, it was found not to disclose any alleged infraction of the Rules of Professional Conduct 2007 by Ogunba.

    NBA said it was satisfied that the suits Ogunba filed did not amount to an abuse of court process as the companies were separate entities, and that the cases were not in respect of the same facts nor did they seek the same reliefs.

    NBA listed the cases as – Ecobank vs Honeywell Flour Mills Plc, Ecobank vs Siloam Global Services Limited, Ecobank vs Anchorage Leisures and Ecobank vs Honeywell Group Limited, among others.

  • Ecobank moves to take over Zamfara’s fund in bank

    Ecobank Nigeria Limited on Tuesday prayed the Federal High Court in Lagos for an order allowing it to take over funds belonging to Zamfara State Government which is domiciled in United Bank for Africa (UBA) Plc.

    Ecobank had initiated garnishee proceedings against UBA over an alleged N3.1 billion debt owed by the state.

    But, UBA, through its lawyer, Alfred Uwaka, filed a preliminary objection seeking to strike out an order nisi made by Justice Babs Kuewumi.

    A order nisi is a court order that does not have any force, meaning Ecobank cannot access the funds unless a particular condition is met and the ruling becomes an order absolute (binding).

    Uwaka contended that Ecobank failed to obtain the consent of Zamfara’s Attorney-General before initiating the garnishee proceedings.

    “Failure to comply with the application for consent makes the order null and void,” he said.

    Ecobank’s lawyer, Mr. Kunle Ogunba (SAN), however, urged the court to make the order absolute so that it can take over Zamfara’s funds in UBA.

    He said the onus was on UBA was to show how much of Zamfara’s funds it had or not, adding that filing a preliminary objection was an admission that the bank indeed has Zamfara’s money.

    Ogunba said: “I submit that a garnishee who files a notice of preliminary objection contending that no consent of the attorney-general was sought has unwittingly admitted that it has the judgment-debtor’s funds.”

    The senior advocate recalled that in a previous garnishee proceeding, UBA wasted no time in telling the court that Zamfara had no money in its account with the bank.

    “If they (UBA) have no money belonging to Zamfara, why file a preliminary objection? The approach they have taken shows that the court was right to have granted an order nisi.

    “Based on the procedure adopted by the garnishee, it has shown clearly that it has the funds. The money is there. We’re sure of our facts.

    “We urge the court to make the order absolute against UBA,” Ogunba said.

     

  • Tejuosho Market: Charge against bank struck out

    Tejuosho Market: Charge against bank struck out

    The Federal High Court in Lagos yesterday struck out contempt proceedings initiated by Access Bank Plc against First Bank of Nigeria Plc.

    Justice Okon Abang held that the Form 48 and Form 49 (notices of disobedience of a court order) were not properly served on First Bank.

    According to the judge, the court’s leave was not obtained before the processes were served on the alleged contemnors.

    “For the plaintiff to commence a valid contempt proceedings, it requires the leave of court. The plaintiff did not obtain leave of court before serving the alleged contemnors. These processes are, therefore, incompetent,” Justice Abang held.

    Stomberg Engineering Company Limited (the defendant) and its owner Mr Dolapo Atinmo, allegedly entered into separate funding agreements with Access Bank and First Bank over the Tejuosho Ultra-modern market.

    In their bid to recover their money, both banks filed separate suits against Stomberg Engineering and Atinmo.

    Access Bank’s lawyer Mr Kunle Ogunba (SAN), who was appointed as the the market’s Receiver/Manager, initiated contempt proceedings against First Bank officials, alleging that they flouted the court’s order by obstructing the performance of his functions.

    The court had empowered Ogunba to take over the assets of Stomberg in respect of the market, and restrained the defendant from interfering with the Receiver/Manager removing its funds in the Alausa Branch of First Bank.

    Justice Abang added that Access bank did not specify which First Bank officials disobeyed the court’s order.

    First Bank’s lawyer, Mr Kemi Balogun filed an application seeking to be joined as a defendant in the suit by Access Bank against Stomberg before Justice Abang.

    First Bank accused Access Bank of misleading the court  with half truth.

    Justice Abang adjourned till June 16 for hearing of First Bank’s application to be joined in the suit, and Access Bank’s motion for interlocutory injunction against the defendant.

     

  • N584m debt: Defendant seeks out-of-court settlement with bank

    An oil well construction engineer, Femi Omotayo, yesterday told a Federal High Court in Lagos that he has offered to settle his indebtedness to Sterling Bank Plc out of court.

    Omotayo was said to have offered N250 million settlement to the bank though the it’s lawyer, Kunle Ogunba (SAN). But the lawyer told the Justice James Tsoho that he was not aware of the offer.

    Ogunba urged the court to adjourn so that parties can explore an out of court settlement.

    “I’m not against the case being adjourned so that we can continue to interrogate the settlement,” Ogunba said.

    Sterling Bank had asked the court to declare Omotayo bankrupt for allegedly owing it about N584million.

    Joined as debtors along with Omotayo in the petition dated July 25, last year, are A.O.S International (Oil and Gas) Ltd and A.O.S Orwell Ltd.

    In the suit Omotayo was said to be the Managing Director and a majority shareholder in A.O.S Orwell Limited which emerged from a merger with A.O.S International (Oil and Gas) Limited.

    He was said to have been the personal guarantor for the loan which was applied for and granted to QED International (Oil and Gas) Nigeria Limited in 2006.

    The bank had claimed that despite the extensions and restructuring of the facilities, Omotayo “failed, refused and/or neglected to liquidate his indebtedness to the creditor/applicant”.

    Accompanying the petition is an application for interlocutory order to appoint a nominee “as it might deem fit or desirable or alternatively the Chief Registrar of the Federal High Court” to take charge of the respondents’ assets.

    The bank also sought an order of preservative injunction restraining the

    defendants and their agents from transferring or tampering or dissipating their assets, which are mainly landed properties located at 1, Fola Jinadu Crescent, Gbagada, Phase 1, Lagos; 58, Raymond Njoku Street, South West Ikoyi, Lagos; 17/19 Bolaji Banwo Street, Aguda, Surulere, Lagos and 34A, Warehouse Road Apapa, Lagos.

    Justice Tsoho, after listening to the parties, adjourned till April 29 for a report of settlement.