A Federal High Court sitting in Lagos has adjourned till April 5, a suit between three banks and two firms, and Benin Electricity Distribution Company Limited (BEDC) and others over an alleged debt.
Justice Yellim Bogoro fixed the date on Wednesday following an argument over the priority of applications filed and argued by Dr. Kemi Pinheiro, SAN.
Pinheiro’s application seeks to strike out the names of 6th defendant Mrs. Olufunke Osibodu and 8th defendant Benin Electricity Distribution Company Limited (BEDC) from the suit.
The lawyer contended that both defendants had nothing to do with the suit instituted by the counterclaimants through their counsel Kunle Ogunba, SAN.
The counter claimants are Stanbic IBTC Bank, Fidelity Bank, Keystone Bank, Alm Consulting Limited and Stanbic IBTC Trustees Limited in the suit marked FHC/L/CS/239/2022.
At the resumption of proceedings, BEDC’s counsel Chief Wole Olanipekun SAN argued that the counter claimants’ motion was an abuse of procedure. He contended further that Pinheiro’s application “takes priority over every other application which is very fundamental and elementary.”
Pinheiro had lamented that BEDC operations in the Niger Delta had been affected by the suit, throwing the area into darkness and leading to panic and unrest in the area.
“They have been in darkness because of a letter written to the BEDC that their asset was under receivership. So, I urge the court to hear our application first which takes priority over any interlocutory application,” Pinhero said.
Similarly, counsel to 4th and 9th respondents Bode Olanipekun SAN also prayed the court to strike out the name of his clients.
But counsel to counter-claimant Kunle Ogunba SAN opposed them, arguing that the court ought to hear his application for interlocutory injunction first on the basis that it was ripe for hearing.
Justice Bogoro, in a bench ruling, said the proper application to hear first was that of Pinheiro challenging his clients’ appearance in the suit and seeking to strike out their name.
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