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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

Sylva Pleaded, Requested Settlement Twice, Did Not Win Any Defamatory Case in U.S- Pointblanknews Publisher, Jackson Ude

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The publisher of Pointblanknews.com, Mr. Jackson Ude has said that Minister of State, Petroleum, Timipre Marlin Sylvia, pleaded for out of court settlement and did not win any case against Pointblank News in the US. He stated this in a statement made available to newsmen on Monday. The statement reads “My attention has been drawn to spurious, criminal, malicious, defamatory and disparaging news report being sponsored by the Minister of State, Petroleum, Timipre Marlin Sylvia, in which he claimed victory in a United States Eastern District Court, Pennsylvania.
“Nothing can be more ridiculous than such a claim when indeed the Minister was the one who instituted a defamatory case against me, turned around to twice request for an out-of-court settlement through his attorney, used leaders in Nigeria to reach out to me to accept an out of court settlement.

“In 2021, Sylva came to the U.S court and filed a lawsuit against me for defamation. The case started in February 2022. After discoveries were conducted by attorneys for both Sylva and me. Sylva appeared for deposition via zoom and was interrogated for closed to five hours in May. I was also deposed for about three hours. After the deposition, Sylva through his lawyers approached my lawyers for an out-of-court settlement”.
” The first request was denied. He came back again on July 22, 2022 and made another request. This time, Minority Leader of the House of Representatives, Hon. Ndudi Elumelu, whom I have tremendous respect for, has been reaching out to me on behalf of Sylva, requesting I accept to settle the matter out of court”

“After going through Sylva’s requests and adjustments made by my lawyers, I accepted the request in good faith and directed my attorneys to proceed with it” “Judge Hon. Joseph Leeson Jnr of the Eastern District court, thereafter, set up settlement conference hearing for August 11, 2022. And also set September 14 as the Jury trial date if we did not reach an agreement to settle. I attended the hearing as ordered by the Judge while Sylva pleaded with the Judge to allow him to appear via zoom”.

“At the Settlement hearing, we both went through the agreements. The Magistrate Judge, Hon. Pamela Carlos, supervised the process and both parties agreed and signed off the settlement agreement. No judgment was pronounced. Sylva was not pronounced winner as no trial in the case ever happened”

“In plain language, the suit did not proceed to trial or judgement stage. It was simply a settlement out of court which Sylva, not me, sought”.

“It is, therefore, a violation of the Judge’s order for Sylva to sponsor defamatory, malicious and disparaging publications against my person and that of Pointblanknews.com in other to whitewash himself. In due course, he would return to the U.S court to explain his actions”.

“The amateur attempt to hoodwink the public and spread lies are some of the instrument politicians have employed to deceive Nigerians. Again, Timipre Sylva never won any defamatory case. How can you be a winner in a case that never went to trial? Otherwise, Sylva should show to the public a judgement he obtained from the U.S Court declaring him winner. It is pure lies from the pit of hell” Ude sounded with a note of finality.

 

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Judiciary

Lagos APC Scribe, Hon. Odesanya,  Urges Lawyers to Participate In Electioneering Process

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The Secretary of the Lagos State chapter of the All Progressives Congress, Hon. Sunmi Lanre Odesanya, has urged lawyers across the country to ensure that they get their Permanent Voters Card and participate in elections.
The legal practitioner made the statement during an interactive session with the executives of the Ikorodu chapter of the the Nigerian Bar Association on Thursday.
Speaking during the session held at the Lagos APC secretariat, Acme Road, Ikeja, the former Chairman of the Lagos House of Assembly Committee on Judiciary, Human Right & Public Petitions said that the purpose of the meeting was to cross fertilise ideas on how to move the party forward.
“The legal profession remains my noble constituency. I’m so proud to be a lawyer. The purpose of this meeting is to cross fertilise ideas with my learned colleagues on how to move the party forward. Lawyers are stakeholders, even if they are not partisan, they should endeavour to get their PVCs and participate in elections.
“There’s a saying that if you fold your hands, the fools will rule over you. I implore this intellectuals, professionals and nation builders not to just fold their hand. As stakeholders, they should participate in the electioneering process. Lawyers are blessed right from heaven with wisdom and knowledge on how to govern the society,” he said.
He assured the Ikorodu NBA chapter of individual and collective engagements whenever the need arise.
“I’m proud of Ikorodu of NBA. There’s the need to tap from their wealth of intellectuality. The community is blessed with intellectuals at the BAR. They are growing in all realms intellectually,” he said.
The APC State Secretary assured the executives that he will put in his best to convince senior colleagues in the legal profession from Ikorodu for moral and financial supports to the chapter.
Earlier in his remarks, the Ikorodu NBA chairman, Idris Kolawole Thanni, highlights some of their challenges and seeks both moral and financial supports for the newly inaugurated administration.
“We have various committees that requires supports. We are newly inaugurated. We committee on Pro bono, Domestic violence, Child right abuse, People living with disabilities, legal aids, police duty solicitors scheme and anti cultism.
“Each of these committees have special tasks and roles they provided freely to indigent people of Ikorodu. We have lawyers stationed in courts to offer free services people brought to court without a lawyer to defend them. By doing this, we help decongest our correctional centres.
“We have lawyers that are saddled with the responsibility of standing in for those that suffers domestic violence, child abuse, rape etc. We offer free legal advice to cultists that wants to renounce their memberships. We have lawyers who also go round to check police cells to see those who were wrongly arrested and detained and get them Justice.
“We don’t have a BAR centre in Ikorodu. We are tenants there. We need a BAR centre for the branch. We will appreciate whoever comes to our aid in this regard by immortalising them. We hope that the secretariat will yield to our requests,” he averred.

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Judiciary

Court sacks Accord Party Exco, NWC

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A High Court of Federal Capital Teritory, Maitama, on Monday has barred the National Chairman of the Accord Party, Hon. Mohammad Lawal Nalado, from further occupying any position in the party.

This was as the court also sacked all the National Executive Members and National Working Committees, who were said to have contested and spent more than two terms in office and so prevented from re-contesting for the same post/office or remain in the same office in acting capacity after the expiration of their term(s).

In a judgment delivered by Hon. Justice O. A. Adeniyi was consequent upon an Originating Summons brought against the National Executive and National Working Committee of the party by Innocent Igboekwe, Prince Joseph James and Jamilu Abass.

Represented by their Attorney, Chief Wakeel Olawale Liady of The Bridge Chambers, the three party members sought a declaration from the court to prevent the national officers of the party not to hold any office in their hierarchy of the party having been sworn-in twice as prescribed by the constitution of the party.

The plaintiff also asked the Court to declare that the tenure of office of Hon. Mohammad Lawal Nalado’s led National Executive Committee and National Working Committee of the party has expired on the 17th of January 2022 having been elected and sworn in on the 18th day of January, 2018.

The declaration stated inter alia: ‘Having regard to the clear and unambiguous provision of section 223 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 85 (3) of the Electoral Act 2010 (as amended) and Articles 19 and 23 of the Constitution of the Accord Party,

‘By the reason of the expiration of Hon. Mohammad Lawal Nalado’s led National Executive Committee and National Working Committee of the ACCORD on the 17th day of January, 2022 there has been a vacuum in the administration and running of the 1st Defendant’s political party.

‘By the reason of the expiration of Hon. Mohammad Lawal Nalado’s led National Executive Committee and National Working Committee of the ACCORD on the 17th day of January, 2022, the 3rd, 4th and 5th Defendants and/or any member of their committee cannot function, act and perform as subsisting members of the National Executive Committee and National Working Committee of the 1st Defendant as from 18th day of January, 2022.

‘The deliberate refusal, failure and negligence of the 3rd, 4th and 5th Defendants to call and hold National Convention and meetings of the National Executive Committee and National Working Committee as required by the law is a gross violation of provisions of the 1st Defendant’s Constitution.

‘The deliberate refusal, failure and negligence of the 3rd, 4th and 5th Defendants to call for the annual auditing of the finance of the ACCORD is an infraction of the provision of 28 (1) of the Constitution of ACCORD.

‘By virtue of provision of section 223 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 85 (3) of the Electoral Act 2010 (as amended), the 2nd Defendant should oblige that the 1st, 3rd, 4th and 5th Defendants to comply with the extant laws on tenure of office and finance of the ACCORD.’

Granting the plaintiff’s prayers, Justice Adeniyi therefore restrained the Accord Party and the National Independent Electoral Commission (INEC) from allowing the Naldo, Michael Lerama, and Barrister Maxwell Ngbudem alongside other executive and the NEC members, who had contested and held party office for two terms from further contesting and holding office after their second term.

The Court also granted an order in favour of the Plaintiff restraining Accord Party and INEC from according or continuing to accord any recognition to the r any other member of the party, who has served during Hon. Mohammad Lawal Nalado’s led National Executive Members and National Working Committee because their tenure of office had expired on the 17th day of January, 2022.

Justice Adeniyi also directed the Accord Party to hold its National Convention/State Congresses with a view to elect members of the National and State executive Committee with ninety (90) days from the date judgement is delivered in this suit.

 

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