Justice Daniel Osiagor of a Lagos Federal High Court, on Friday, discharged ex-parte Orders made against Aeroland Travels and other properties belonging to its owner, Mr Segun Adewale, a chieftain of the Peoples’ Democratic Party (PDP).
Justice Osiagor had on February 7, 2022, granted the ex-parte Orders filed by the Asset Management Corporation Of Nigeria (AMCON) against the firm of the PDP Chieftain.
The order empowered AMCON to seal the firm and other properties belonging to the Peoples’ Democratic Party (PDP) Chieftain, Segun Adewale.
The properties sealed by AMCON in a suit numbered FHC/L/CS/AMC/154/2021, include; Plot 4 & 4B Block 66 Magodo Scheme, Lagos State; Plot 9, Block 44c, Adetoro Adelaja Street, Magodo Lagos; No. 4C Maye Ogundana Street, Magodo Lagos; No. 10 Oluyomi Oshinkoya Street, Magodo Residential Scheme, Lagos; Plot 8, Block 66, Residential Scheme, Sangisha, Lagos; No. 2A John Olugbo Street, Ikeja, Lagos; No. 2 Fadeyi Street, off Awolowo way, Ikeja, Lagos; No. 8 Surulere Alelor Street, Millenium, Gbagada; and No. 14 Jerry Iriabe Street, off Bashorun Okunsanya, off Admiralty Road, Lekki Penisula.”
However, Adewale in a motion under sections 6 and 36 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), sections 49(3) and 50(2) of AMCON Act, 2020 (As amended) Order 26 Rules 9(1) of the Federal High Court (Civil Procedure) Rules 2019, Order 12 Rule 3 of the AMCON, asked the court for an order discharging and/or vacating the ex-parte Orders made on the 7th day of February 2022, but which was served on him on the 6th day of May 2022.
He also asked for an order directing the AMCON to indemnify him for damages suffered as a result of the ex-parte Orders made on the 7th day of February 2022.
He told the court that AMCON materially misrepresented, and concealed material facts from this Honourable Court and also engaged in deliberate suppression of facts.
He also stated that the court lacks the jurisdiction to entertain the matter or make the ex-parte orders in issue, as the underlying matter amounts to gross abuse of the court process.
Justice Osiagor after hearing Adewale’s counsel, Tope Alabi, who asked the court to grant his clients application, and AMCON’s counsel, Chief Aloy Ezenduka, and citing plethoras of authorities, acceded to the Adewale’s request and discharged his February 7, 2022, ex-parte order made against Aeroland Travels.
Justice Osiagor, in particular, ordered the unsealing of all properties affected by the February 7, 2022, ex-parte order.
The judge thereafter transferred AMCON’s case file to Justice Tijjani Ringim’s court, which is currently presiding over the suit filed against it and Polaris Bank by the Aeroland Travels Limited.
Adewale is an affidavit stating that AMCON obtained the orders by fraud, non-disclosure, utter misrepresentation, and concealment of material facts applicable to the matter.
He also stated that as a fact that as of the 26th day of November 2021 when the AMCON filed the ex-parte motion used in obtaining the ex-parte orders now sought to be discharged and/or vacated, there is already a pending suit before the Court – Suit No. FHC/L/CS/2093/2018 between Aeroland Travels Nigeria Limited v Polaris Bank Limited and another. filed on the 12th day of December 2018, and that in the said suit, AMCON is, amongst other things:
1. challenging the authority of the Plaintiff/Respondent to appoint a Receiver/Manager over the assets and business of the 1st Defendant over a purported indebtedness that was mischievously created through dubious transactions; seeking a declaration that the 1st Defendant is not indebted to the Plaintiff or liable to payment of any sum whatsoever to the Plaintiff; iii. seeking an order restraining the Plaintiff from appointing a Receiver/Manager over the assets and business of the 1st Defendant; seeking an order compelling Polaris Bank Ltd. (whom the Plaintiff herein purportedly purchased the Eligible Bank Asset from) to refund the illegally debited sums taken from the 1°* Defendant’s account over some time; seeking a perpetual injunction restraining the Plaintiff from tampering with or transferring ownership or possessory rights or creating third party interest over the 1stDefendant’s properties. Now attached and marked as Exhibit ATL 1 is a copy of the Writ of Summons and
Statement of Claim filed by the 1st Defendant herein in Suit No. FHC/L/CS/2093/2018.
He also stated that as a fact that in the said Suit No. FHC/L/CS/2093/2018 which is currently pending before Honourable Justice G. Ringim, the AMCON, who was sued as the second Defendant, has not filed any Defence to date but instead filed a Notice of Preliminary Objection. And that the first defendant, Polaris Bank has already filed its Counter Affidavit to the said Notice of Preliminary Objection which the Plaintiff has equally filed its Reply on Point of Law and same has been fixed for hearing.
“He stated that even though he got a deserving judgment after AMCON had successfully ruined my company, my reputation and embarrassed and crucified me in the pages of the newspaper, without even asking me. And despite the that my N1.8 billion was stolen by Skye bank to Polaris, am still willing and available to meet with AMCON to check the debt that Polaris dubiously stole from my Account. Am still available for reconciliation and that what he can own anyone is love, not money.
He also stated that the subject matter of Suit No. FHC/L/CS/2093/2018 is the purported indebtedness of Polaris Bank in the sum of N1,822,069,840.42 billion, which the bank is keenly contesting via that suit and indeed claiming that it is Polaris Bank (whom the Plaintiff herein purportedly purchased the Eligible Bank Asset from) that has overcharged the 1st Defendant’s account and therefore entitled to a refund of the overcharges. And that the said suit No. FHC/L/CS/2093/2018 is yet to be determined by this Honourable Court and that fact deliberately misled this court into granting the ex-parte orders now sought to be discharged/vacated.
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