Again, court refuses to stay proceedings in Honeywell, Ecobank suit

Again, Justice Mohammed Idris of the Federal High Court, Lagos on Friday refused Ecobank’s application to suspend the suit filed by Honeywell against it.

The Court stated that it cannot grant Ecobank’s application because the Federal High Court is bound by the final judgment of the Court of Appeal which was delivered on 30th March, 2016, directing that the matter be given an accelerated hearing at the Federal High Court.

Honeywell filed the action in 2015 praying the court to determine whether or not Honeywell is indebted to Ecobank.

In response to the suit, Ecobank challenged the jurisdiction of the Federal High Court to hear the suit. This objection was rejected by the Federal High Court and Justice Idris ruled that the Court indeed had jurisdiction to hear the matter. Ecobank appealed this decision at the Court of Appeal.

Aligning with the decision of the Federal High Court on its jurisdiction to hear the matter, the Court of Appeal by its final judgment of 30th March 2016 dismissed Ecobank’s appeal and ordered the accelerated hearing of the matter before Justice Idris.

When the matter last came up on 10th May, 2016, following the judgment of the Court of Appeal, Ecobank’s counsel informed Justice Idris that a notice of appeal challenging the decision of the Court of Appeal had been filed at the Supreme Court.

An application for a stay of the execution of the judgment of the Court of Appeal had also be filed at the Court of Appeal.

Ecobank, therefore, requested that the proceedings before Justice Idris should be stayed pending the outcome of the application for a stay of execution at the Court of Appeal.

Justice Idris refused Ecobank’s application for a stay and adjourned the matter to 1st July, 2016 for parties to report on appeal.

At the hearing on Friday, counsel to Honeywell, Bode Olanipekun urged the court for a short date to commence trial. In response, Ecobank’s counsel, Mr. Kushimo opposed the application on the ground that the appeal is now before the Supreme Court. He argued that the court ought to stay proceedings on the matter.