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Alleged N3.5b debt: Ecobank takes Honeywell to Supreme Court

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Ecobank Nigeria Limited has urged the Supreme Court to set aside a Court of Appeal verdict on its winding-up petition against Honeywell Flour Mills Plc over an alleged 3.5billion debt.
Justice Mohammed Yunusa of the Federal High Court in Lagos last December 4 froze Honeywell’s accounts following an application by Ecobank’s lawyer, Mr. Kunle Ogunba (SAN) of the Insolvency Forte.
The judge later varied the order by allowing Honeywell to withdraw N15million per week pending hearing of the suit, which Honeywell appealed against.
The Court of Appeal ruled in Honeywell’s favour and discharged the restraining order. In the judgment delivered by Justice Abimbola Obaseki, the Court of Appeal set aside Justice Yunusa’s order on the ground of abuse of Order 4 of winding up rules.
The Court of Appeal held that Justice Yunusa made the ex-parte order without notice to Honeywell. She said it violated the rules guiding winding-up petitions.
According to her, the rules state that every application in such a petition shall be by motion on notice to the person against whom the order was to be made.
“Justice of the case demands that both sides be heard. The ruling of the Federal High Court is hereby set aside. The petition shall be assigned to another judge for necessary action. Parties shall bear their costs,” she held.
Justice Idris had last August 10 made an order of interim injunction restraining the bank from publishing the plaintiffs’ name as debtors and ordered parties to maintain status quo pending hearing of the plaintiffs’ suit.
But Honeywell said while the suit was pending, Ecobank filed other suits before other judges in a bid to recover its debt from Honeywell Group and its chairman Oba Otudeko. Honeywell’s lawyers, therefore, filed Form 48 and Form 49, urging the court to hold the bank in contempt.
But Justice Idris struck out the contempt proceedings on the basis that no proper service was effected on the alleged contemnors.
Ecobank has opted to approach the Supreme Court to set aside the entire judgment/decision of the Court of Appeal on the ground that the appellate court erred in law in setting aside the ex-parte orders made by Justice Yunusa.
The bank is urging the Supreme Court to hold that the Winding-up Rules did not outlaw the issuance of ex-parte orders, among other ground.
Besides, it said the Winding-up Rules did not provide for ex-parte orders, adding that it was provided for in the court’s Civil Procedure Rules.
“The Winding-Up Rules is a subsidiary legislation and not elevated to the rank of a statute. Rule 4 of the Winding Up Rules only provided for applications inter-parties and thus created a lacuna as it relates to ex-parte applications which can only be filled by the Civil Procedure Rules of the court,” the bank said.
Ecobank also appealed against the dismissal of its appeal challenging the jurisdiction of Justice Mohammed Idris of the Federal High Court in establishing a customer banker’s relationship in a related case.
The Court of Appeal had held that there was a banker-customer relationship between the parties.
However, the bank is praying the Supreme Court to hold that the Court of Appeal occasioned a gross miscarriage of justice by allowing the respondents the benefits of an “in-principle” agreement they were never party to.
Ecobank is also praying the Supreme Court to decide whether it was wrong to seek redress before other courts and whether it amounted to contempt of court.
“The learned justices of the Court of Appeal erred in law and occasioned a gross miscarriage of justice by failing to determine whether the learned trial judge, Justice Mohammed Idris, had power to even hear or consider the committal proceedings,” the bank said.
Ecobank has also urged the Court of Appeal to grant an order of injunction restraining Honeywell from taking advantage of the order discharging the interim/varied order pending the determination of the case by the Supreme Court.
The bank said the interim order was made to preserve Honeywell’s funds in some banks, namely Zenith, Access, Citibank, Standard Chartered, Wema, GTBank, Fidelity and Ecobank until the case is determined.
“There is an urgent need to preserve the res (subject-matter) of the appeal to avoid foisting a situation of helplessness on the Supreme Court, a superior court of record,” Ecobank said.

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Court reschedules hearing in Ganduje bribery case

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The Kano State High Court in Kano, North-west Nigeria, on Thursday, fixed 15 April to hear objections to the charges pending against a former governor of the state, Abdullahi Ganduje, who is the current national chairperson of the All Progressives Congress (APC).

The Cable reports that, in the case, the Kano State Government charged Mr Ganduje; his wife, Hafsat; son, Umar Abdullahi Umar; and five others, with eight counts of bribery, misappropriation, and diversion of public funds.

The rest of the defendants are Abubakar Bawuro, Jibrilla Muhammad, Lamash Properties Limited, Safari Textiles Limited, and Lasage General Enterprises Limited.

Based on defence lawyers’ request on Thursday, trial judge Amina Adamu-Aliyu rescheduled proceedings for the hearing of the notices of preliminary objection filed against the charges by the defendants.
Earlier at the proceedings on Thursday, the prosecution led by Adeola Adedipe, told the court that he was ready for the hearing of the defendants’ notices of preliminary objection.

Mr Ganduje’s lawyer, Lydia Oluwakemi-Oyewo, similarly expressed readiness for the hearing of the applications.

However, Adekunle Taiye-Falola, the counsel for the 3rd and 7th defendant, said he was not ready to move his preliminary objection.

He said he needed to first regularise his client’s processes filed out of time.

On the other hand, Sunusi Musa, the fifth defendant’s lawyer noted that he had also filed a motion on notice for extension of time since 7 January. He urged the court to grant the application.

The sixth defendant’s lawyer, Abubakar Ahmed, said he filed a notice of preliminary objection as far back as 9 September 2024, and was ready to proceed.

Also, the eighth defendant’s lawyer, Ibrahim Aliyu-Nasarawa, told the court he was not ready to move his application, adding that he intended to file and reply on points of law.

Following this scenario, the trial judge granted all the applications for extension of time and postponed the matter to 15 April for hearing of all pending preliminary objections.

The Kano State Government accused Mr Ganduje in the charges of collecting $210,000 bribe from “people and entities seeking or holding the execution of Kano State Government contract and or project for the remodelling of Kantin Kwari textile market as a bribe through one of the contractors (agent)”.

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Alleged N12 billion Fraud: EFCC demands Otudeko’s physical presence in court

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The counsel in the case of alleged fraud charge brought against the Chairman of Honeywell Group, Oba Otudeko, on Thursday, filed several preliminary objections to the suit before the Federal High Court in Lagos.

The preliminary objections from the accused were contested in court Thursday just as the Economic and Financial Crimes Commission (EFCC) demanded Mr Oba Otudeko’s physical presence in court at the next hearing.

The applications included those challenging the court’s jurisdiction to entertain the case, those asking for stay of arraignment, and those seeking quashing of the charge.

The EFCC had preferred a 13-count charge against Mr Otudeko and a former Managing Director of First Bank Plc., Olabisi Onasanya.

Also charged is a former member of the board of Honeywell Group, Soji Akintayo, and a firm, Anchorage Leisure Ltd.

The N6.2 billion fraud charge is marked FHC/L/20C/2025 and before Justice Chukwujekwu Aneke.

The case was scheduled for arraignment on 20 January, but the defendants were absent on the grounds that the EFCC had not served them with the charge.

Their counsel had argued that they only got “wind” of the case on the pages of newspapers.

The court consequently directed service of the charge by substituted means, and adjourned the case.

On Thursday, Rotimi Oyedepo (SAN) announced appearance for the EFCC and Wole Olanipekun (SAN) announced appearance for Mr Otudeko, while Olasupo Shashore (SAN) appeared for Mr Onasanya.

Kehinde Ogunwumiju (SAN) appeared for Akintayo, while Ade Adedeji (SAN) aanounced appearance for Anchorage Leisure Ltd.

Babajide Koku (SAN) announced appearance for the nominal complainant, First Bank of Nigeria.

Mr Olanipekun informed the court of an application he filed on behalf of Mr Otudeko and dated 28 January which he said was served on the EFCC on 29 January.

He also told the court that there was an affidavit dated 1st February which gave details of Mr Otudeko’s absence in court.

Other defence counsel briefly introduced their applications before the court.

In response, EFCC counsel told the court that he had complied with the court’s directive on substituted service of the charge on the first, third and fourth defendants and had attached a proof of service.

He also told the court that he received processes from Mr Olanipekun confirming that Mr Otudeko was not within the court’s jurisdiction.

Mr Oyedepo added that he received a “harvest of motions” from defence counsel in the suit, objecting to the suit.

He said it was important to know when the parties could return to the court for arraignment of the defendants since the first defendant was absent.

In response, Mr Olanipekun informed the court that he had served an application on the prosecution on behalf of Mr Otudeko, adding that the EFCC had seven days to reply.

He argued that a court had to, first, decide whether it had jurisdiction to entertain the case.

He urged the court to give a date for hearing of the defendants’ applications.

In response, Mr Oyedepo argued that the arraignment of the defendants ought to be taken first before any applications.

He cited the Court of Appeal’s decision in the case of Yahaya Bello as well as the provisions of Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015.

He submitted that the court should adjourn the case for arraignment of the defendants.

In further response, Mr Olanipekun argued that it was important for the parties to refrain from “pulling cases by a strand of hair”.

Citing judicial authorities decided after the enactment of the ACJA, including Federal Republic of Nigeria (FRN) versus Idahosa and Shema Ibrahim versus FRN, he argued that the court dispensed with the appearance of the defendants in both cases.

On his part, counsel to the third defendant, Mr Ogunwumiju, also argued that it was important for the court to first take the objection by the defence in the interest of justice.

Citing the provisions of Edet versus State as well as Section 412(3) of the ACJA, he submitted that arraigning the defendants before hearing their objections would be prejudicial.

In the same vein, counsel to the second defendant, Mr Shashore, urged the court to hear the applications of defence.

According to him, the fourth defendant seeks an application staying arraignment, and another quashing the charge.

He argued that it would be unfair to insist that the court take the defendants’ pleas to a charge that might eventually be quashed.

He added that it was important for the court to first decide whether there was merit in doing same.

Counsel to the fourth defendant, Mr Adedeji, argued on the authority of Nwadike versus FRN that court processes must not be made to oppress citizens.

He argued that the case of Yahaya Bello as cited by the prosecution was not relevant to the suit, neither was the provisions of Section 396(3) of ACJA.

Mr Adedeji said the defendants ought not to face fraud trial for a civil transaction.

In reply, Mr Oyedepo said the cases cited by defence counsel were out of context and did not reflect the charge.

He urged the court to make an order directing Mr Otudeko to be present in court on the next adjourned date.

At this point, Mr Olanipekun informed the court that Mr Otudeko was under medical review and was advised to remain in the United Kingdom until a comprehensive review and medical advice.

He urged the court not to make such an order but to adjourn the case for hearing of the applications.

The judge adjourned the case until March 17 for ruling on the arguments.

(NAN)

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14 escape death in Third Mainland Bridge auto crash

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No fewer than 14 commuters escaped death in an accident that involved a commercial bus and a private car along the Third Mainland Bridge on Thursday.

We learnt from a statement by the Director of Public Affairs and Enlightenment Department of the Lagos StateTraffic Management Authority, Adebayo Taofiq, that the accident occurred at the Iyana-Oworonshoki area of the bridge when the commercial bus rammed into the private car.

Taofiq blamed the cause of the accident on excessive speeding by the commercial driver which led to a loss of control and the eventual collision.

He said, “The Lagos State Traffic Management Authority has again demonstrated its unwavering commitment to public safety by swiftly rescuing 14 accident victims following a devastating road crash at Ilaje, inward Iyana-Oworonshoki, along the Third Mainland Bridge.

“The incident involving a Mazda commercial bus (XN 997 KTU) was triggered by reckless speeding, resulting in the driver losing control and forcefully colliding with a moving Toyota Yaris (11150 DLA). The impact led to multiple casualties, necessitating an immediate emergency response.

“LASTMA officers, in collaboration with the Lagos State Ambulance Service, acted with commendable urgency, extricating 14 individuals, including the commercial bus driver, from the wreckage.”

He added that the victims who sustained some injuries were rescued at the Gbagada General Hospital by the Lagos ambulance team.

Reacting to the incident, the LASTMA General Manager, Olalekan Bakare-Oki, extended sympathies to the injured victims while stressing the need for speed limit compliance among drivers.

“Upon successful evacuation, the rescued victims were promptly handed over to LASAMBUS personnel, who swiftly transported them to Gbagada General Hospital for immediate medical attention.

“General Manager of LASTMA, Mr Olalekan Bakare-Oki, underscored the pressing need for both commercial and private motorists to comply with officially sanctioned speed limits to avert needless road fatalities.

“He extended his deepest sympathies to the injured and wished them a swift and complete recovery,” Taofiq concluded.

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