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Folawiyo seeks injunction against AMCON’s ex parte order, dissociates from defaulting company

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Tunde Folawiyo

A Lagos-based businessman, Mr Tunde Folawiyo, has filed an exparte motion before a Federal High Court in Lagos seeking an order of stay of execution of an ex-parte orders made against him in satisfaction of a judgement debt.
Justice Lewis Allagoa had made orders against Mr. Folawiyo in a suit filed by the Asset Management Corporation of Nigeria (AMCON) over Folawiyo’s alleged unpaid debt of N727.9 million in relation to a company directorship at Compagnie Generale de Logistique.
Folawiyo, in a suit no: FHC/L/CS/799/2020, is seeking an order of stay of execution of the ex-parte orders made against him on March 24, 2022 pending the hearing and determination of his Motion on Notice seeking to set aside the ex parte orders.
He is praying for the following relief: An order restraining the AMCON either by itself, agents, privies, servants or through any person(s) from taking any steps howsoever to enforce the ex-parte orders made against the applicant by the Court on 24th March 2022 pending the hearing and determination of the applicant’s Motion on Notice seeking to set aside the ex parte orders.
The ex-parte orders were predicated on the judgment of Justice Ibrahim Buba in Suit No: FHC/L/CS/207/2017; Asset Management Company of Nigeria (“AMCON”) v Compagnie Generale De Logistique & Others in 2017 (“Previous Suit”) in favour of AMCON in the sum of N522,464,978.66 against the defendants in the suit.
The applicant said he was not a party to the previous suit and was not served with the judgment on it.
AMCON claimed the applicant is a director in Compagnie Generale De Logistique, which took loan from Spring Bank and which judgment was principally obtained in the previous suit.
Contrary to the representations made by the Plaintiff, the applicant said he was not a Director of Compagnie Generale De Logistique at the time of the previous suit and was not in any way connected to the loan transaction with Spring Bank.
The applicant said he is, therefore, not a “debtor” within the contemplation of Section of 61 of the AMCON Act as to warrant the interim forfeiture of his assets and freezing of his bank accounts on account of the judgment obtained in the 2017 Suit.
He argued that a combined reading of Sections 49(2),50(2) and 61 of the AMCON Act would reveal that only current directors of a company fall within the definition of “debtor” as to warrant the freezing of their assets or accounts.
Mr Folawiyo told the court that AMCON failed to disclose or suppressed material facts about the status of the Applicant in Compagnie Generale De Logistique, the principal judgment debtor in the previous suit.
He added: “The exparte orders were obtained malafide against the applicant and constitute an abuse of court process.
“The applicant has a filed a Motion on Notice praying for the setting aside of the said ex- parte orders.
“The applicant’s pending set aside motion raises serious issues on why the Ex-parte orders ought not to have been granted.
“It is in the interest of justice to grant this application pending the hearing and determination of the applicant’s Motion to Set Aside the Ex-parte Orders.”
Mr Folawiyo argued that the originating summons filed by AMCON is incompetent as it had expired at the time of the grant of the ex-parte order.
He expressed concern about the impact the orders would have on his employees as well as the reputation of the three-generational family business he has worked hard to maintain and grow over the years.
Tunde Folawiyo is  the son and heir to the late Nigerian Businessman and philanthropist, Wahab Iyanda Folawiyo. Alhaji Wahab whose father, Tijani  was a wealthy local Merchant in the Colonial era, was known for funding , building orphanage homes and funding several local sports championships. In expanding his late father’s legacy, Mr Tunde Folawiyo attended the London School of Economics to broaden his business perspective and investment choices in addition to being a Barrister of the Court of England and Wales as well as Nigeria. In 2016, Folawiyo and his firm announced its first production of crude oil from the Aje Field, the first producing field outside of the Niger Delta area in Nigeria.
Reports say the multi-million dollar investment was aimed at reducing oil production pressure from the Niger Delta region. He is currently the Chairman of Yinka Folawiyo Group,  established by his father in 1957.

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Judiciary

Again, Leo Stan Ekeh, Floors Femi Falana on Alleged N162m Fraud Case!

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Zinox  

For the umpteenth time, the court has thrown out a case of fraud filed against the tech magnate and Chairman of Zinox Technologies, Mr. Leo Stan Ekeh, his wife, Chioma Ekeh and 11 others.
The latest is the dismissal of the suit by Justice Akpan Okon Ebong of the Federal High Court, Abuja who struck out the case filed by Mr. Femi Falana SAN, purporting to act on a fiat donated to him by the Attorney General and Minister of Justice of the Federal Republic of Nigeria, Mr. Lateef Fagbemi SAN, against Leo Stan Ekeh, and 12 others.

The other defendants are Mr. Chris Eze Ozims, Oyebode Folashade, Charles Adigwe, Obilo Onuoha, Agartha Ukoha, Anya O. Anya, Femi Dosumu, Nnenna Kalu, Admas Digital Technologies Limited, Technology Distributions Limited and Zinox Technologies Limited.

In the suit No. FCT/HC/CR/985/24 filed in November 2024, Falana on behalf of his client, Benjamin Joseph, the CEO of Citadel Oracle Concept Limited, an Ibadan-based computer firm, filed charges against Ekeh, 9 other individuals and 3 companies before the Federal High Court in Abuja for allegedly diverting N162,247,513.80 being payment for laptop supply contract at the Federal Inland Revenue Service (FIRS) Headquarters which Technology Distribution Ltd (now TD Africa), the biggest tech equipment distributor in Sub Saharan Africa, supplied on behalf of Citadel in 2012.

However, in the Certified True Copy of the judgment dated March 20, 2025, Justice Ebong ruled as follows: “It is my conclusion based on the foregoing that this charge (No. FCT/HC/CR/985/2024, Federal Republic of Nigeria Vs Leo Stan Ekeh and 12 ORS) constitutes a gross abuse of court process and is liable to dismissal. I accordingly hereby dismiss it.”

Before arriving at his judgment which has put a final nail on the coffin of a case that other courts had dismissed in the past as dead on arrival, Justice Ebong had considered the outcome of previous cases and petitions filed by Joseph none of which was in his favour.

Justice Ebong said: “One intriguing aspect of this matter is that none of the law enforcement agencies involved in the investigation of the nominal complainant’s (Joseph) numerous petitions has found merit in any of his allegations against the defendants. When called upon before Senchi J. (Justice Danlami Z. Senchi) to prove his said allegations to the court, he failed to turn up in court. One then wonders on what premise he wants to maintain this campaign of persecution against the defendants.

”Previous judgments on the matter had established that rather than being the culprit, Ekeh and the 12 others were actually the victims of a failed money diversion scheme plotted by Joseph and Citadel.”

When contacted, one of the defendants, Mr. Chris Eze Ozims, a lawyer, said: “This ruling truly reflects our consistent position on the allegations, and it is good that we have been vindicated, once more, by a competent high court.”

He asserted that the judgment of Justice Ebong was consistent with the position of the defendants and in tandem with the ruling of other judges who had earlier adjudicated on the same matter in the past.

Chief Counsel to the defendants, Mr. Matthew Burkaa SAN, described the judgment as victory for integrity and the rule of law.

Court papers showed that Falana’s suit was based on the same claims which various courts had in the past dismissed as falsehood and baseless.

The case arose from a contract between Citadel and Technology Distributions Limited over the supply of computers to the Federal Inland Revenue Service (FIRS), a project fully funded by Technology Distributions and has no bearing whatsoever with Zinox and its promoter, Leo Stan Ekeh.

It will be recalled that Joseph had lost the case and its adjunct suits at different courts in the past.

In his petition to the police in 2013, it was discovered by police authorities that Joseph provided false information to the Police, prompting the Inspector General of Police to charge him for false information in Charge No. CR/216/16.

In another case filed by the EFCC at his instance against his partner, Princess Kama, in Charge No. FCT/HC/CR/244/2018, Justice Danlami Z. Senchi of the FCT High Court (as he then was), dismissed as false all the allegations made by Benjamin Joseph, and imposed the sum of N20 million as damages against him for false petitioning in relation to these same allegations.

Earlier Court papers showed that Joseph had in his statement on oath in Suit No: LD/4335/2014 in the High Court of Justice, Lagos State, dated 28 June, 2019 averred that his company, Citadel, did not execute any contract with FIRS and that he was not aware that a contract was awarded to Citadel.

In his deposition under oath, Joseph claimed that Citadel “did not at any time execute any contract for the FIRS and neither did the 2nd defendant (Princess O. Kama) who is its agent in respect of the contract it bidded for with the FIRS deliver/release any documents to the Claimant (Citadel) indicating that the contract it bidded for or any other contract was awarded to it by the FIRS or any other body.”

However, a letter from the FIRS addressed to the Chamber of Afe Babalola & Co dated 11 February 2014 (FIRS/PD/GDS/2559) and signed by one Idrissa Kogo, Head, Legal Department, stated: “Contrary to your client’s claim that they knew nothing about the execution of the contract awarded to them and that they did not receive any payment for the execution of the contract, our record reveals otherwise.

“Your client instructed FIRS through a letter dated 13th December 2012 to deal with Princess O. Kama (Your client’s agent) in relation to the contract. Through three separate letters dated 20th December 2012, your client instructed FIRS to pay to the client’s account with Access Bank plc. Please note that FIRS acted in compliance with your client’s instruction and with due diligence,” the FIRS letter stated.

The FIRS letter was a response to inquiry by Afe Babalola Chamber, Lawyers to Citadel Oracle Concept Ltd and its MD, Benjamin Joseph, at that time.

The current charges filed by Falana on the basis of a fiat from the Attorney General is the third in a row as Joseph had earlier filed charge number CR/469/2022, which was struck out by Justice C. O. Oba of the FCT High Court, by an order dated 8th November 2022.

Determined to push through his case, Joseph filed the same charges before Honorable Justice A. S. Adepoju of the FCT High Court, and the charges were, once again, struck out by the Honorable Court on 19th March 2024, with Justice Adepoju holding that: “This matter was brought in dead, extinct and should be confined into the dustbin of history…I hold that the instant suit is an abuse of the process of court and it is hereby struck out accordingly.”

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Court of Appeal Strikes Out Ogun Government’s Appeal Over Datkem Plaza Demolition

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The Court of Appeal sitting in Ibadan has struck out an appeal filed by the Ogun State Government challenging the ruling over the controversial demolition of Datkem Plaza, a five-story complex in Ijebu-Ode owned by Yeye Olufunke Daniel, the wife of former Ogun State Governor, Otunba Gbenga Daniel.

The appeal, presided over by Hon. Justice Y.B. Nimpar, was dismissed for lack of competence, dealing a significant blow to the administration of Governor Dapo Abiodun, which has faced intense scrutiny and criticism over the circumstances surrounding the destruction of the multi-billion-naira property.

The demolition of Datkem Plaza, valued at approximately N5 billion, was carried out in the dead of the night on a weekend, raising suspicions of politically motivated sabotage.

Reports indicate that the building, which was already completed and awaiting commissioning just two weeks before it was brought down, was targeted by agents allegedly acting on the orders of the Ogun State Government.

Unconfirmed sources claim that the initial plan was to use dynamite to create the illusion that the structure had collapsed due to structural defects.

However, upon realizing that the explosion could damage surrounding buildings and expose the act as deliberate sabotage, the perpetrators allegedly opted for jackhammers and bulldozers, executing the demolition under the cover of darkness.

Eyewitnesses who spoke to journalists described the scene as “a well-coordinated operation” designed to erase the landmark building, which many had believed would become the tallest structure in Ijebuland.
By the time daylight broke, Datkem Plaza was nothing but rubble—its dream of becoming a thriving commercial hub obliterated overnight.

Following the demolition, the Ogun State Government defended its actions, citing regulatory infractions as the basis for bringing down the structure. Officials claimed that Datkem Plaza violated planning approvals, a claim the owners vehemently denied, providing evidence of compliance with all necessary regulations.

In response, Yeye Olufunke Daniel dragged the state government to court, arguing that the destruction of her property was illegal, vindictive, and politically motivated. The lower court ruled in her favor, prompting the Ogun State Government to file an appeal, which has now been struck out for lack of competence by the Court of Appeal in Ibadan.

The demolition of Datkem Plaza ignited a political firestorm, with many interpreting it as a direct attack on the Daniel family, given the longstanding political rivalry between Governor Abiodun and former Governor Gbenga Daniel, who is now a senator representing Ogun East Senatorial District.

Observers see the Court of Appeal’s decision as a legal and moral victory for the Daniel family, reinforcing the argument that the demolition was not based on law, but rather on political vendetta.

With the appeal dismissed, legal analysts believe the Ogun State Government could face further legal consequences, including potential financial compensation for the destruction of the multi-billion-naira property. Meanwhile, the Daniels’ supporters are celebrating the verdict as a step toward justice in what they call “one of the most brazen acts of executive impunity in Ogun State’s history.”

While the Ogun State Government has yet to respond to the Court of Appeal’s decision, legal experts suggest that it may have limited options left, as the ruling effectively upholds the lower court’s judgment.

For now, the spotlight remains on Governor Abiodun’s administration, with critics demanding accountability for the demolition of a structure that could have transformed the economic landscape of Ijebu-Ode

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NJC sets up panel to investigate allegations against Osun Chief Judge

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The National Judicial Council, under the Chairmanship of the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has reportedly constituted a committee to investigate multiple allegations against Osun State Chief Judge, Hon. Justice Adepele Ojo.

In its 107th meeting on November 13 and 14, 2024, the NJC sanctioned five judicial officers for misconduct and recommended the formation of a committee to probe the various complaints against Justice Ojo.

At the heart of the allegations are claims that Justice Ojo has repeatedly failed to adhere to legal and ethical standards expected of her position.

A petition submitted to the NJC by the Concerned Citizens of Nigeria, Osun State Chapter, further outlined the gravity of the allegations.

The petition claims that Justice Ojo’s actions have violated both the spirit and the letter of the law. The group accuses her of gross abuse of office, breaches of professional ethics, and a blatant disregard for the rule of law, which they argue has led to a loss of public trust in the judiciary.

It would be recalled that Osun State Governor Ademola Adeleke had suspended Justice Ojo following a resolution by the State House of Assembly.

The resolution cited serious allegations of misconduct, abuse of power, corruption, and failure to uphold the rule of law.

Some of the allegations against Justice Ojo include, taking personal vengeance against judiciary staff, she dismissed several staff members who had shown courage in reporting her actions, creating a climate of fear and retaliation within the judiciary.

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