As the legal battle rages on between former Miss Nigeria, Helen Prest, and Mrs. Oluwayemisi Ajayi, the wife of the deceased medical doctor and businessman, Dr. Ademola Oluwatosin Ajayi, a new twist has been added to the case as Mrs. Oluwayemisi Ajayi has filed an application before the Federal High Court in Lagos, urging the court to set aside the order obtained by Ms. Helen Prest and her daughter, Tomisin Ajayi, granting them leave to institute the pending action and restraining Mrs. Oluwayemisi Ajayi from running First Foundation Medical Engineering Company Limited, the company in which she and her husband are shareholders.
She contended that the order is a nullity on the ground of fundamental irregularity, lack of jurisdiction and denial of fair hearing.
According to Vanguard, the presiding Judge, Justice Tijjani Ringim, gave the ruling in an application filed by Miss Tomisin Ajayi and Mrs Helen Prest Ajayi as 1st and 2nd Applicants respectively, through their counsel, Mr Abiodun Jellili Owonikoko, (SAN).
The 1st to 4th Respondents/Applicants in the suit are First Foundation Medical Engineering Company Ltd, Registrar-General of the Corporate Affairs Commission (CAC); Mrs Oluwayemisi Ajayi and a lawyer, Mr Patrick Abak and the 1st, 3rd and 4th Respondents are being represented by Mr. Kunle Adegoke SAN.
First Foundation Medical Engineering Company Limited was owned by the late Dr Tosin Ajayi in equal shares with her wife, Mrs. Oluwayemisi Ajayi.
However, the Respondents have also filed a counter-affidavit to the originating motion stating their reactions in addition to an application to set aside the order of court granted on 5th August 2021.
In an affidavit sworn to by a legal practitioner Afeez Ishola Soliu of Kunle Adegoke & Co., the deponent averred that on the 9th day of September 2021, upon conducting a search of the Court’s file in respect of this suit, to their greatest dismay, they discovered that the matter had come upon two occasions, without service of hearing notice of the proceedings on the respondents, but that ruling had also been delivered in respect of the originating summons by which the Plaintiffs sought orders to restrain the Respondents.
Due to the apparent deliberate suppression of facts and a glaring act of bad faith on the part of the Plaintiffs, the court was misled to entertain the proceeding of 2nd of September, 2021 under the belief that the respondents had notice of the said proceedings. No form of hearing notice whatsoever, whether emanating from the court or from the applicants, was served on their counsel or even on the respondents.
Helen Prest Has No Shares In First Foundation – Mrs Oluwayemisi Ajayi
The Respondents contended that failure to serve hearing notice is a breach of a fundamental principle of fair hearing and that as at the 7th day of September 2021 when the originating summons dated 23rd July, 2021was heard and determined, the respondents were still within time to respond to the allegations of the Plaintiffs, but were denied the right to respond to the said originating summons.
By virtue of the foregoing, the proceeding of the court conducted without the issuance of hearing notice to the respondents are liable to be set aside, the Respondents contended. Consequently, the three respondents comprising; First Foundation Medical Engineering Company Limited, Mrs. Oluwayemisi Ajayi and Mr Patrick Abak are urging the court to set aside the entire proceedings of the court conducted on the 2nd and 7th days of September 2021 for being a nullity on grounds of fundamental irregularity, lack of jurisdiction and denial of fair hearing. They also sought an order compelling the plaintiffs, Mrs Hellen Prest Ajayi and her daughter Miss Tomisin Ajayi to effect payment, to the three respondents in respect of the undertaking made pursuant to which the plaintiffs interlocutory prayers were granted by the court, the said order being liable to be set aside.
In a counter-affidavit sworn to by Mrs Oluwayemisi Ajayi against the originating motion which is the substantive suit, Mrs Ajayi stated that she was aware that Miss Tomisin presents herself as the love chid of an adulterous relationship between her deceased husband, Dr Tosin Ajayi and his adulteress, Ms Helen Prest. According to Mrs. Ajayi, although she is not in a position to confirm if Tomisin Ajayi is a child of her deceased husband as her deceased husband never introduced her or to any other member of the family, since her husband’s passing, she and her children have, in good faith, decided not to dispute the paternity of Tomisin but decided to accept her as one of the beneficiaries of the estate of her deceased husband together with her children.
Mrs Ajayi averred further that, at the time of the incorporation, the name of the company was First Foundation Medical Company Limited on 6th June,1980 before it was changed to First Medical Engineering Company Limited in April 2002. And that since the incorporation of the company, she has always been a shareholder and Director of the company and holds 50% of the shares of the company. She said that at no time did her deceased husband and her terminate their marriage as their marriage was always extant and never dissolved till he died.
Her late husband, Dr. Ademola Oluwatosin Ajayi, and she were married under the Marriage Act on the 6th day of July 1974 and the marriage was celebrated at the Divisional Office Ijebu-Ode and that the second plaintiff in this suit, Miss Helen Prest was her husband’s adulteress who, despite knowing that her deceased husband was always a married man, continued to have an illicit relationship with him as a concubine.
To buttress this point, Mrs. Oluwayemisi Ajayi attached to her response a handwritten note written by Miss Helen Prest sometime in 1998 wherein she admitted to being aware that her late husband and she were still married and not divorced. It was in pursuance of this illicit affair that Ms. Helen Prest presented Tomisin as the love child of their affair. Mrs. Ajayi stated in her affidavit that Helen Prest was never in any legally cognizable relationship with her deceased husband as he was always married to her at every point in time.
She admitted that Helen was her deceased husband’s concubine but never a shareholder of their company First Foundation Medical Engineering Company Limited, but a mere meddlesome interloper with no legally cognizable relationship with the company, therefore she had no reason whatsoever to act prejudicially or oppressively to the plaintiffs who as a matter of fact are strangers to the company.
She contended further that the Plaintiffs have no right to institute the action as they are not shareholders of the company. To demonstrate her good faith, she deposed in her affidavit that she caused her lawyers to write to Tomisin Ajayi to join in her children’s application to obtain Letters of Administration for their deceased father but Tomisin replied through her lawyer that she did not want to have anything to do with her and her children.
She contended that the plaintiffs are on a mission rooted in corporate robbery sought to be carried out in the garment of the law and that the instant suit, together with the application for injunction, is frivolous, vexatious and without any basis. Consequently, in the interest of justice, she contended that the reliefs sought by Helen Prest in the originating motion for 50% of her husband’s estate, should be refused.
The matter has not been given a new date.
Court Appoints TB Joshua’s Wife SCOAN’s Trustee
The Federal High Court has appointed the wife of the late Prophet Temitope Joshua, Evelyn Joshua, as a trustee of the Synagogue Church of All Nations (SCOAN).
This was issued in a statement by the church on Friday.
Justice Tijjani Ringim of the Federal High Court gave the judgment on Thursday.
The appointment was said to be in line with the church’s constitution which prescribed a minimum of three trustees for the church.
The statement reads partly, “This was contained in a petition brought by concerned and committed members of the church, represented by Mr. Kola Kareem and Mrs. Moji Oguntoyinbo, against the Incorporated Trustees of the Synagogue Church of All Nations, the Corporate Affairs Commission, and Mrs. Evelyn Onyisi Joshua in a Suit No: FHC/L/CP/1109/2021.
“The petitioners were represented by Emeka Ekweozor, Chris Eme and E. G. Onyejekwulum.
“Ossazu Owie represented first and second respondents, while O. N. Chukwu appeared for the CAC.
“The respondents through their counsel told the court they were not opposed to the petition made under Section 839(6)(B) of the Companies and Allied Matters Act (CAMA) 2020 (as Amended).”
The statement added that the church “has been in a limbo since the passing of the man of God, Senior Prophet TB Joshua over the leadership succession in the church.”
Suspected Drug Addict Beats Father To Death
A 21-year-old suspected drug addict, identified as Muhammed Yusuf, has allegedly committed patricide by beating his septuagenarian father, Alhaji Ibrahim Yusuf, to death.
The suspect was said to have been alone with the father when he allegedly committed the crime at St. Mary Primary School area of Lokoja on Wednesday night.
According to one of the neighbors, Miss Bello Nana, the boy had been misbehaving since Wednesday morning and she urged the father to report him to the police and get him arrested to avoid problems.
She said that the suspect, a Senior Secondary School Certificate (SSSC) holder who had vehemently refused to further his education despite efforts by the father, had taken to drugs.
Nana said on the fateful day, she went to work around 4 pm to close by 12 midnight but closed at 10 pm and decided to go home but “When I came home, I knocked the gate and nobody opened it.”
She said that when she opened the gate herself and let herself into the house with her spare key and asked of Baba, the suspect said the septuagenarian was not around.
Knowing that the old man does not go out anything after 6 pm and that Baba would always lock his door, she asked the young man where Baba had gone.
“He answered from Baba’s room and knowing that Baba don’t normally allow him to enter his room, I became suspicious of what he was doing there and I immediately called my fiance.
“We called Baba’s phone number but it was switched off”, she said, adding that this made them to go to the police to lodge a complaint and came back to the house with policemen.
“When we entered the room Baba was lying in a pool of blood still breathing, that was how we rushed him to the hospital. This morning, we heard the news that Baba is dead,” Nana narrated.
Confirming the incident, the Police Public Relations Officer, Williams Aya (DSP), said the suspect had been arrested.
“We got information yesterday around 9 p.m. that the Divisional Police Officer (DPO) of ‘A’ Division Police Station, Lokoja received a distress call that Muhammad Yusuf, 21-year-old of behind St. Mary Primary School, Lokoja, attacked and injured his father.
“The police moved to the scene where they met the victim Yusuf Ibrahim in a pool of his blood with serious injury on his head.
“He was rushed to the Specialist Hospital, Lokoja, for treatment and the suspect was arrested.
“But today, around 9:30 am, one of the victim’s sons came to the station and reported that their father had died while receiving treatment.
“So, the Police went there, took photographs and deposited the body at the mortuary for autopsy”, he said, adding that investigation into the matter has commenced.
Usifo Ataga: Chidinma To Face Murder Trial Before High Court
A Yaba Chief Magistrates’Court in Lagos on Monday ordered that Chidinma Ojukwu be charged with the murder of the Chief Executive Officer of Super Television, Usifo Ataga at the State High Court.
The court also ordered that one Adedapo Quadri should also face trial for Ataga’s murder while Chidinma’s sister, Chioma Egbuchu, found in possession of Ataga’s iPhone 7, should face trial for possessing stolen items.
The Chief Magistrate, Adeola Adedayo, gave the order following legal advice from the state Director of Public Prosecutions (DPP).
The advice is to the effect that there is a prima facie case of conspiracy to murder, murder, conspiracy to commit forgery, making of documents without authority and stealing, against Chidinma.
In the advice dated August. 20, the DPP recommended that Chidinma’s sister, Chioma Egbuchu, who was found in possession of Ataga’s phone and had refused to release it, should be tried at the high court for being in possession of a suspected stolen item.
The DPP said: “After careful consideration of facts available in the case file, this office is of the view that a prima facie case of conspiracy to murder, murder, forgery, making of documents without authority and stealing, contrary to Sections 222, 233, 363, 379 and 411 of the Criminal Law of Lagos, 2015, has been established against Chidinma and two others.
” Facts available also established against Chidinma, the offense of having possession of things reasonably suspected to have been stolen, contrary to Section 329, of the Criminal Law of Lagos 2015.”
The magistrate, however, discharged Chidinma’s father, Onoh Ojukwu as well as one Babalola Disu, one Abayomi Olutayo, and one Ifeoluwa Olowu, based on the DPP’s advice.
Recall the Nigeria police had on August. 9, prayed the court to remand the suspects to enable the police to carry out further investigations into the case.
The court had granted the request and ordered that Chidinma and Adedapo Quadri should be remanded for 30 days.
The police had also docked Chidinma’s father, Onoh Ojukwu, and four others for obstruction of justice.
Ojukwu, 57, and Babalola Disu, 42, were charged with obstructing the police from performing their duties and failing to report a crime to the police.
The others – Chioma Egbochi, 28; Abayomi Olutayo, 23, and Ifeoluwa Olowu, 23 – were accused of dishonestly receiving stolen items.
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