Court discharges ex-parte order on firm, others

A Lagos Federal High Court, Lagos has 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). 

Trial judge, Daniel Osiagor had on February 7, 2022, granted the ex-parte orders filed by the Asset Management Corporation Of Nigeria (AMCON) against the firm. 

The order empowered AMCON to seal the firm and other properties belonging to Adewale. The properties sealed by AMCON in a suit numbered FHC/L/CS/AMC/154/2021, includes; 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 Peninsula.”

However, Adewale in a motion pursuant to sections 6 and 36 of the 1999 Constitution (as altered), 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 February 7, 2022, but which was served on him on May 6, 2022. 

He also asked for an order, directing AMCON to indemnify him for damages suffered as a result of the ex-parte orders. He told the court that AMCON materially misrepresented and concealed material facts from the 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 on the issue, as the underlying matter amounts to a gross abuse of court process.

Justice Osiagor after hearing Adewale’s counsel, Tope Alabi, who asked the court to grant his client’s application, and AMCON’s counsel, Chief Aloy Ezenduka, who opposed him by citing some authorities, acceded to Adewale’s request. 

Ruling on the matter on Friday, he discharged the ex-parte order made against Aeroland Travels. Justice Osiagor, in particular, ordered the unsealing of all properties affected by February 7, 2022, ex-parte order.

The judge thereafter transferred AMCON’s case file to Justice Tijjani Ringim’s court, which is currently hearing similar suit filed against the defendant by Aeroland Travels Limited. Adewale in an affidavit, stated that AMCON obtained the orders by fraud, non-disclosure, utter misrepresentation, and concealment of material facts applicable to the matter. 

He also stated that 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 another, filed on December 12, 2018. 

He swore that in the said suit, he was challenging the authority of the plaintiff/respondent to appoint a Receiver/Manager over the assets and business of the 1st defendant regarding a purported indebtedness that was mischievously created through dubious transactions. 

“We are seeking a declaration that the 1st defendant is not indebted to the plaintiff or liable to payment of any sum whatsoever to the plaintiff. 

“Seeking an order restraining the plaintiff from appointing a receiver/manager over the assets and business of the 1st Defendant, among others,” he stated.