The Nation Newspaper

Tag: restrains

  • Court restrains Abuja hotel boss from holding office

    The Federal High Court in Abuja has granted an order of injunction restraining Cyprian Okechukwu Igweh from parading himself as the Chairman/Managing Director or Chief Executive Officer of Bolingo Hotels and Towers Limited.

    Justice Babatunde Quadri made the order by virtue of a notice dated June 15, 2009 by the hotel’s Board of Directors and an ordinary resolution dated July 6, 2007.

    They are to the effect that Igweh should vacate the office.

    The court ordered that Igweh should render account and disclose the hotel’s financial standing to the counter-claimants from October 16, 2006 till last December 14 when judgment was delivered.

    He is  to render the account within 14 days from the date of the order.

    Besides, the court declared that the 200 million units of shares of the late Chief Joseph Uchechukwu Igweh, in Bolingo Hotels and Towers has not been transmitted in line with its resolution of May 18, 2006.

    The judge declared that the purported transfer of 200 million units of shares of the late Chief Igweh by Cyprian to himself was ultra vires, illegal, unlawful, improper, invalid, and null and void and of no effect whatsoever.

    Justice Quadri said the shares were not transmitted with the consent, authority and approval of the hotel’s board of directors or in line with its articles of association.

    The court ordered that a general meeting of the members of Bolingo Hotels and Towers be held in accordance with statutory requirements within 21 days from the date of judgment.

    It directed that a nominee of the Corporate Affairs Commission (CAC), not below the rank of principal manager, should attend, guide and supervise both meetings of the board and the hotel’s members.

    Justice Quadri ordered the CAC to produce all the files of the Bolingo Hotels and Towers registered as RC No. 13, 571 at the meetings.

    He also ordered the Commission to regularise the files in its custody by expunging all forged documents allegedly filed by Igweh with the said Commission as may be identified by the counter-claimants at the meetings.

    The late Chief Joseph Uchechukwu Igweh died on October 22, 2005 in the Bellview plane crash at Lisa village, Ogun State.

    At the time, two of his children, Chijioke Igweh and Chizoba Igweh, were shareholders in the company.

    There was a dispute over who would take control of the company.

    The widow, Dr. Becky Igweh, filed a suit over the dispute.

  • Court restrains unions from disrupting MMA2’s operations

    A Federal High Court sitting in Lagos has granted an order restraining the Air Transport Services Senior Staff Association of Nigeria (ATSSSAN), the National Union of Air Transport Employees (NUATE) and the National Association of Aircraft Pilots and Engineers (NAAPE) from disrupting the operations of the Murtala Muhammed Airport Terminal Two (MMA2).

    The court yesterday granted the order restraining the three unions from carrying out their threats of disrupting the activities of the terminal from this morning in the suit filed by Bi-Courtney Aviation Services Limited (BASL), operators of MMA2.

    The unions had given notice that they would disrupt operations at MMA2 from today over the disengagement of some workers of BASL who they said were reliefed of their jobs over their alleged attempt to join the union. BASL however claimed the affected workers had either attained retirement age or were found not to be diligent in their duties.

    But a statement issued by BASL yesterday said, “we will like to bring it to the attention of the entire public that the Federal High Court in Lagos in suit number FHC/L/CS/16412/18 has granted an order restraining the unions from carrying out their threats of disrupting the activities of the terminal. Pursuit to this order, members if the unions found in the premises of MMA2 would be liable to trespass. We reserve our right under the law of Nigeria to deal with such person as a trespasser.”

    BASL also assured customers and passengers of MMA2 that they will continue having seamless access to the facility.

    The statement said: “BASL is fully aware of the plan by some unions in the aviation sector to disrupt the operations of MMA2 over our decision to disengage some employees. Disengaging the ex-employees had nothing to do with unionism, as we were not aware of this. In as much as we know that the unions have the right to protest without disturbing public peace and safety, we too reserve the right to ensure that our operations and services are not interrupted in any way whatsoever.

    “Any attempt to carry out this lawless act despite the subsisting court order would be viewed seriously and considered as an act of economic sabotage targeting a concession which they constantly tried to truncate. And as a law-abiding corporate citizen, we will do everything possible within the ambit of the law to protect our facility.

  • Court restrains ex-footballer, firm, from Lekki land

    The Lagos State High Court has restrained a former Nigerian international football, Wilson Oruma and a firm, Dok Engineering Services Limited from entering a piece of land measuring 57,739.633square metres at Idasho Village, Elekan in Ibeju Lekki.

    Justice W. Animahun granted an interim injunction restraining the defendants whether by themselves or their agents “from attempting to enter, entering or alienating or in any way disturbing the claimant’s possession of all that land…”

    The order, granted for seven days on August 24, was to subsist pending the hearing and determination of the substantive motion on notice for interlocutory injunction.

    The claimant, through its counsel K. C. Atuenyi, applied to the court for an extension of the order in the face of the long vacation to prevent the respondents from encroaching on the land while the suit was still pending.

    Justice M. O. Obadina, who took over from Justice Animahun as the vacation judge, granted an extension of the order for another seven days. It will lapse on September 12.

    The claimant, Megallus Nigeria Limited, is praying for an order compelling Oruma to assign and endorse all documents transferring his rights over the property.

    In an affidavit of urgency, the claimant’s Managing Director, Ifeanyi Okafor, claimed that during the pendency of the suit and upon commencement of the long vacation, Dok Engineering “in collusion” with the Oruma, “forcefully beset the land” and started erecting fences and partitioning the property in dispute into two equal halves.

    The claimant said it was “in the bid to hoodwink the honourable court into believing that it (Dok Engineering) is in actual possession, and which we verily believe is also an act preparatory to selling and/or alienating same in a manner that will render nugatory any eventual judgment of the Honourable Court.”

    Megallus Nigeria accused the respondents of contempt and urged the court to hear the suit urgently.

    The claimant said sometime in August 2013, Oruma offered it a parcel of land for sale, and it made a part-payment of N5million out of N90million, with the balance to be paid in four months.

    The claimant said due to its inability to complete the balance, a new payment plan was drawn up, in which he paid additional N15million, with the balance  to be paid by March 31, 2014.

    The firm said when it sought to complete the payment and presented Oruma with eight managers’ cheque on March 31, 2014, totalling N70 million, the defendant allegedly refused to collect the cheques and also did not execute the instruments of transfer, including deed of assignment.

    The claimant said the former footballer instead offered to refund the N20million part payment, rather than collecting full payment.

    According to Megallus Nigeria, Oruma claimed that he received an offer double what the claimant first offered and, therefore, would not accept a lesser offer.

    But, the claimant said the defendant “is estopped from reneging on an obligation voluntarily contracted and upon which the claimant had already furnished consideration to the extent that it can no longer revert to its former position.”

    Megallus Nigeria said Dok Engineering (the second defendant), which claimed to have also bought the land from Oruma, could not rely on any agreement between it and the ex-footballer to overreach the claimant’s initial agreement with Oruma.

    Besides, the claimant said a deed of assignment between Dok Engineering and Oruma “was fraudulently procured” as the suit had already been instituted and proceedings ongoing when the deed of assignment dated October 15, 2014 was procured.

    Megallus Nigeria said requirements of the law were not complied with in executing the deed, including obtaining the governor’s consent, adding that it was not signed by the truly accredited representatives of families entitled to deal in or dispose of the land.

    The claimant also sought an order of perpetual injunction restraining the defendants from entering or alienating or disturbing the claimant’s possession of the land.

    Megallus Nigeria prayed for an order nullifying or setting aside any sale, alienation, assignment or transfer of the land to Dok Engineering or any other person by Oruma.

    However, the defendants are praying the court to dismiss the suit.

    Oruma claimed the plaintiff did not pay for the land in line with the agreement.

    Dok Engineering is claiming it acquired the land legally, therefore, the suit was unmeritorious.

    Justice Obadina adjourned until September 8 for hearing of the motion on notice.

  • Court restrains FRC from imposing sanctions on KPMG, partner

    Court restrains FRC from imposing sanctions on KPMG, partner

    The Federal High Court in Lagos has restrained the Financial Reporting Council of Nigeria (FRC) from imposing any sanction on KPMG Professional Services until the firm’s suit is determined.

    Justice Ibrahim Buba also barred FRC’s Executive Secretary, Mr. Jim Obazee from sanctioning a partner in the firm, Mr. Ayodele Othihiwa.

    The interim injunction was granted on Friday, following an application by the plaintiff’s lawyer, Chuka Ikwuazo of the firm of Aluko and Oyebode.

    The applicants also prayed the court for an accelerated hearing of the suit, which will come up on Thursday.

    KPMG and Othihiwa prayed the court to enforce their rights.

    FRC, in an October 30 letter, conveyed its ‘regulatory decision’ to the applicants, following their role in the financial statements of Stanbic IBTC Holdings Plc for 2013 and 2014.

    The council said it had suspended Othihiwa “until the investigation as to the extent of the negligence of KPMG Professional Services is ascertained.”

    KPMG and Othihiwa contended that the FRC decision was published and issued without informing or notifying them of the nature of the allegations made against them, nor were they invited to respond to the allegations.

    They claimed the FRC decision not only violated their right to fair hearing, but flouted Section 62(2) of the FRC Act, which spelt out the procedure to be adopted in investigating a professional body for any ‘complaint or dishonest practice, negligence, professional misconduct or malpractice’.

    The section states that FRC “shall notify the professional, whose conduct, act or omission is under investigation of the nature of the complaint and it shall summon or hear the professional.”

    The applicants argued that FRC and Obazee did not only breach the provision, but they also violated Section 15(2) b of the FRC Act, which states that a Technical and Oversight Committee shall review “sanctions to be meted out to any professional accountant, professional or public interest entity.”

    KPMG and Othihiwa claimed that even where the Technical and Oversight Committee had ratified the decision of the FRC, the council failed to exhaust the provisions of its own law.

    The plaintiff’s motion for interlocutory injunction will be heard on Thursday.

     

     

     

     

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  • Court restrains lawyer, others from defaming Akpabio

    Court restrains lawyer, others from defaming Akpabio

    A High Court of the Federal Capital Territory (FCT) has granted an injunction restraining an Abuja based lawyer, Mr Leo Ekpenyong from publishing or causing to be published any defamatory statement against the Minority Leader of the Senate, Senator Godswill Akpabio.

    Justice Valentine Ashi of Court 29, granted the injunction following an application brought by Rickey Tarfa (SAN) , Counsel to Senator Akpabio, following series of unsubstantiated publications by Mr Ekpenyong against Senator Akpabio.

    The legal counsel to Senator Akpabio had argued that the reputation of the former Governor of Akwa Ibom State has been disparaged  and tarnished following series of defamatory statements by Mr Ekpenyong and unless restrained, he would continue to publish such spurious statements which have portrayed Senator Akpabio in bad light before the public.

    The lawyer further held that Senator Akpabio’s reputation had been seriously injured and had suffered considerable distress and anxiety, following the series of disparaging statements published against the Senate Minority leader.

    In the suit, counsels to Akpabio are asking for damages for libel in the sum of N1 billion and an order compelling Mr Ekpenyong and others to publish a full apology to Senator Akpabio on the internet and two major national newspapers.

    They are also for an injunction restraining the defendants from further publishing or causing to be published defamatory words against the plaintiff.

    Justice Ashi agreed with the submissions of the Legal Counsels to Akpabio and restrained Mr Ekpenyong from further publication of defamatory statements against Senator Akpabio.

  • Court restrains NTA, AIT over anti-Osinbajo documentaries

    The Federal High Court in Lagos has restrained Daar Communications Plc and the Nigerian Television Authority (NTA) from broadcasting any video documentaries against All Progressives Congress (APC) vice-presidential candidate Prof Yemi Osinbajo (SAN).

    Justice John Tsoho made the order yesterday following an ex-parte application by Osinbajo.

    Daar Communications (owners of African Independent Television (AIT), NTA and the National Broadcasting Commission (NBC) are the respondents.

    Justice Tsoho ordered that status quo be maintained pending the hearing and determination of the applicant’s motion on notice for interlocuctory injunction.

    The motion ex-parte, filed on March 10, was moved by Osinbajo’s counsel Mr Femi Falana (SAN).

    The judge ordered: “That an order of interim injunction shall be considered with notice to the respondents. Generally, however, the status quo as at today shall be maintained pending hearing and determination of the Motion on Notice.”

    Justice Tsoho also granted the applicant leave to serve the Originating Summons and other accompanying court processes on the respondents in Abuja, which is outside the court’s jurisdiction.

    Osinbajo had prayed for “an order of interim injunction restraining the respondents, their agents, privies, representatives and other media entities under the control of the third respondent (NBC) from any interference with or violation of the applicant’s right to dignity of human person, right to privacy and right to life and/or livelihood whether by means of publication or dissemination of any video documentary or by any means whatsoever pending the hearing and determination of the Motion on Notice for Interlocutory Injunction.

    Justice Tsoho adjourned till tomorrow for hearing of the motion on notice.

    Osinbajo alleged that the Peoples Democratic Party (PDP) had been sponsoring defamatory documentaries against him.

    AIT and NTA had, for weeks, been broadcasting a documentary detailing the “atrocious” past of the APC  presidential candidate, Gen. Muhammadu Buhari (retd.).

    The station also aired a similar documentary on APC national leader, Asiwaju Bola Tinubu, chronicling his series of alleged financial misconduct.

    Osinbajo maintained that the documentaries, which allegedly contained untrue information and injurious falsehood, constitute a personal attack on his person.

    He argued that the videos were being aired in violation of his fundamental human right to dignity of human person, right to privacy and family virtue and right to life and/or livelihood as protected by Sections 33, 34 and 37 of the 1999 Constitution.

    ”Unless the respondents are restrained in the manner requested in this application, damages will be grossly inadequate to compensate or redress the unquantifiable, unwarranted and malicious damage to the applicant’s right to dignity of human person, right to livelihood and privacy guaranteed and protected under Sections 33, 34 and 37 of the 1999 Constitution of the Federal Republic of Nigeria.”

    After listening to Falana’s submission, Justice Tsoho ordered that NTA and AIT  and any other broadcast station should forthwith stop the broadcast of the damaging documentary which the applicant complained of until the determination of the substantive suit.

  • Court restrains Fed Govt

    An Akure High Court in Ondo State has restrained the Federal Government from trespassing on a land belonging to the Okutanla/Ogunmokun family on Akure/Owo/Ilesa Road.

    It granted the statutory right of occupancy to the family.

    The respondents are the Federal Ministry of Land and Housing, Federal Ministry of Agriculture,Federal College of Agriculture, Akure and the Attorney General and Minister of Justice.

    The family represented by its lawyer, Aladegbaye Falodun, said it was entitled to the land with beacon pillar PBE 260 to PBE 2672, AFA 8720 and AFA 8721.

    Falodun claimed that at no time was the land ever acquired by the Federal Government.

    The lawyer said the Federal Government could only acquire a land for public purpose and not for other purposes, such as selling, leasing or transfer.

    The third defendant through the former FCAA Provost, Dr Mary Ogunkoya, had said the land allocated to the college was more than 685.9 acres which has now been reduced to about 364.394 hectares, due to the cessation of land to the Leper’s Colony,Akure, dualisation of roads and so on.

  • Court restrains ex-Head of State’s son from accounts

    Court restrains ex-Head of State’s son from accounts

    Justice Saliu Seidu of the Federal High Court in Lagos has restrained Mr Risqua Mohammed, son of late Head of State, General Murtala Mohammed, from withdrawing from his accounts in any bank.

    The judge granted a mareva injunction barring him and his company, AMG Petroenergy Limited, from tampering with their money until a debt recovery suit filed against them by Guaranty Trust Bank (GTB) Plc is heard and determined.

    GTB sued them over their alleged refusal to liquidate a multi-million dollars credit facility, despite repeated demands.

    The judge ruled on an ex-parte application filed by GTB’s lawyer, Norrison Quakers (SAN).

    The bank said on May 18, 2011, it granted two import credit facilities for $40 million to the defendants, with an additional existing term loan of N630 million.

    The facilities were said to have been for financing the establishment of local letters of credit in favour of the Nigerian Liquefied Natural Gas/Nigerian National Petroleum Corporation/Pipeline and Products Marketing Company (NLNG, NNPC/PPMC) and NGL to fund the payment of Gas/Condensate/Naphtha lifted based on allocation to the company by the Federal Government.

    The bank said the facilities were also used to finance the establishment of letters of credit for the purchase of refined petroleum products from international and local sources for onward supply to Total Plc, Mobil Oil Plc, Exxon Mobil and Total Upstream.

    The facilities were further meant to accommodate associated freight and logistics costs, as well as refinancing of the existing debts of the first defendant (AMG Petroenergy Limited).

    Mohammed, as the Chairman and Managing Director of the first defendant, was said to have personally pledged to repay the credit facilities.

    But trouble started when, at the expiration of the facilities’ tenure in August 2012, the defendants allegedly failed to meet their obligations.

    Quakers said it was evident from the defendants’ actions that they were not prepared to liquidate the outstanding debt, which stood at N1.365 billion, while interest continues to accrue at the bank’s lending rate.

    “The plaintiff cannot allow this flagrant violation of the defendants’ obligations to continue as its depositors’ and shareholders’ funds are at risk,” Quakers said.

    The bank promised to indemnify the defendants in the unlikely event that the order ought not to have been made.

    Justice Saidu adjourned till November 3 for hearing of the motion on notice.

  • Court restrains INC from conducting IYC election

    A Yenagoa High Court yesterday gave an ex-parte order restraining the Ijaw National Congress (INC) from conducting/supervising the conduct of the Ijaw Youth Council election pending the determination of the motion on notice for the interlocutory injunction.

    Ruling on the ex-parte motion filed by the plaintiff, Mr. Udengs Eradiri, Justice Young Ogola restrained the defendants, which include the Vice President/Acting President of the Ijaw National Congress (INC), its agents, servants, privies and cronies from conducting any election for the office of the President of the Ijaw Youth Council.

    It ordered that no election should be conducted on January 25 or any other date pending the determination of the motion on notice for the interlocutory injunction.

    The court adjourned the matter till February 18 for hearing of the motion on notice for the interlocutory injunction.

    The first defendant, Mr. Udengs Eradiri, who also doubles as the president-elect of the Ijaw Youth Council, in a suit filed against the first, second and third defendants, which include Sir Theodore Ezonfade, Amangala Miteabal Joshua, Don Kemezuo Elvis, Femowei Tariela Fredrick, Olorogun Kennedy, Zuokemefa Enebraye Peter, Eze Waribigha, (aka Skido), Alfred Erepade Akamu, Igoli Timi, Mr. Lokpobiri Jonathan and Oweikeye Ndoro is seeking the interpretation of the IYC constitution, especially an alleged involvement of INC.

  • Subsidy fraud: Court restrains EFCC, IGP, AGF from arresting Ubah

    Subsidy fraud: Court restrains EFCC, IGP, AGF from arresting Ubah

    The Federal High Court, Abuja yesterday restrained the Economic and Financial Crimes Commission (EFCC), the Attorney-General of the Federation (AGF) and the Inspector-General of Police (IGP) from arresting the Managing Director of Capital Oil and Gas, Mr. Ifeanyi Ubah,over the fuel subsidy regime.

    The order of perpetual injunction was made by Justice A. Abdul-Kafarati in his judgment in a fundamental rights enforcement suit filed by Ubah and his company. The judge upheld the applicants’ arguments and granted four of the five prayers raised in the suit, which challenged the decision by the EFCC to re-investigate the complaint that Ubah and his company were involved in the petroleum subsidy fraud.

    Ubah and his company had argued that it was wrong for EFCC, IGP, AGF and any other agency of the government to want to prosecute them over the same issue on which a Federal High Court in Lagos had exonerated them on February 18.

    They also relied on a letter dated February 12 written by the Police Special Fraud Unit, D Department to the Minister of Finance, clearing them of any criminal complicity in the allegation of subsidy fraud made against them.

    Justice Abdul-Kafarati declared that the February 18 judgment, the House of Representatives’ committee report and the police letter of February 12 “collectively tantamount to a complete and final exoneration of any criminal offence with regard to application for receipt of subsidy payment under the Federal Government of Nigeria Petroleum Support Fund (PSF) scheme”.

    The judge said the threat of detention, arrest and prosecution by the respondents or any other agency of the government, amounted to an infraction of the applicants’ fundamental rights enshrined in Sections 35 (1)(c) and 36(5) of the Constitution.

    He said: “The applicants have been cleared of any reasonable suspicion of commission of criminal offence and in respect of which the judgment of the FHC.”

    A non-governmental organisation, the Centre for the Rule of Law, Equity and Justice (CRULEJ), hailed the judgment, describing it as a “sweet vindication and victory for the rule of law”.

    In a statement issued in Lagos by its Executive Director, Comrade Jamiu Agbabiaka, the group said: “The judgment has shown that Ubah is a clean businessman who never soiled his hands. He acquired his wealth by a dint of hard work and the blessings of the almighty God. He did not need to cut corners.”