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Ecobank vs Honeywell: Court directs CJ to re-assign case

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The Court of Appeal in Lagos has directed Chief Judge of the Federal High Court, Justice Ibrahim Auta, to re-assign a winding-up petition by Ecobank Nigeria Limited against Honeywell Flour Mills Plc.
Justice Abimbola Obaseki-Adejumo said justice demands that both sides must be heard. She made no order as to cost.
The justice upheld an appeal by Honeywell against an ex-parte order made by Justice Mohammed Yunusa last December 4.
The company appealed against partial freezing of its accounts following an application by Ecobank’s lawyer Mr Kunle Ogunba (SAN), an insolvency expert.
Justice Yunusa had restrained Honeywell Group’s chairman, Dr Oba Otukedo, the company’s directors and subsidiaries from withdrawing from any bank or financial institution.
But Honeywell, through its lawyer Chief Wole Olanipekun (SAN) sought to discharge the order.
Justice Yunusa, in his ruling, on the application to discharge the order, held that the company could withdraw up to N60million in a month (N15million only per week) pending when the suit was heard and determined to enable Honeywell Group meet its financial obligations.
Dissatisfied with the ruling, Honeywell appealed, insisting that it wants full access to its funds. The suit is sequel to an alleged N3. 5 billion unpaid loan facility which Ecobank gave Honeywell.
Justice Obaseki-Adejumo said 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 side 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.
Ecobank had also appealed a ruling by Justice Mohammed Idris striking out contempt proceedings initiated against it by Achorage Leisures Limited and its sister company Siloam Global Services Limited, both of which are subsidiaries of Honeywell Group.
They accused the bank of disobeying an earlier directive by the judge that all parties should maintain status ante-bellum, which the bank denied.
Justice Mohammed 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.
Ogunba had argued on appeal that Justice Idris ought to have dismissed the proceedings rather than striking it out (which means it could be re-filed).
But the appellate court upheld Justice Idris’ ruling, adding that “the court cannot dissipate energy on an issue over which it had no jurisdiction.”
In a third appeal, Ecobank had challenged the lower court’s jurisdiction, but Justice Obaseki-Adejumo upheld Justice Idris’ assumption of jurisdiction, adding that there was a banker-customer relationship between Ecobank and Otudeko which vested the judge with jurisdiction.

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Oando Clean Energy, Cross River State, Sign MoU on Renewable Energy Infrastructure

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Oando Clean Energy (OCEL),  the renewable energy business subsidiary of Oando Energy Resources and the Cross River State Government have  signed a memorandum of understanding (MoU) for the rollout of electric vehicles for mass transportation within the state at the ongoing 28th edition Conference of the Parties (COP28) in Dubai, United Arab Emirates (UAE).

The move in setting up an electric vehicle (EV) assembly plant, is expected to create jobs for local indigenes as well as build a 100MW wind plant for power generation.

Representing the Governor of Cross River State, Bassey Otu at the MoU signing was the state’s Commissioner for Special Duties, Oden Ewa, saying the landmark agreement marked a significant step forward in the state’s journey toward a cleaner and more sustainable future. He said: “The MoU paves the way for the transitioning of our mass transit system to cleaner and less expensive fuels while also allowing for the use of our natural resource, wind, to provide electrification for our people.

“I commend Oando Clean Energy for their innovative solutions that address the impact of climate change in Nigeria and her citizens.”

According to Oando , it said,  as  a company, it has committed to ensuring that this journey to a cleaner and more sustainable energy future is as seamless and as easy as possible.

“This is by putting our confidence in, not only the technology but the partnership and ensuring that the Cross River State government and her people reap the benefits of generating power from sustainable sources”. The statement read.

Oando’s Clean Energy’s scope spans the entire 35 states of the federation and the federal capital, promising to create a cleaner, more viable energy ecosystem for Nigeria and the  people of Cross River.

In attendance at the side event were amongst others, Minister of Niger Delta Affairs, Abubakar Momoh;  Minister of the Environment, Abbas Balarabe;  Minister of State for Environment, Dr. Kunle Salako; Commissioner for Special Duties, Cross River State, Mr. Oden Ewa, among others.

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House Of Representatives Issues Warrant Of Arrest On Central Bank Governor, Cardoso, Accountant-General, 17 Others

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The House of Representatives’ Committee on Public Petitions has asked for a warrant of arrest to be issued on the Governor of the Central Bank of Nigeria (CBN), Olayemi Cardoso, the Accountant-General of the Federation (AGF), Oluwatoyin Madein, and 17 others over refusal to appear before it to answer questions on their operations.

It was gathered that the issuance of the arrest warrant was sequel to the adoption of a motion moved by Fred Agbedi, representing Ekeremo/Sagbama Federal Constituency of Bayelsa State on the platform of the Peoples Democratic Party (PDP) at the committee’s hearing on Tuesday.

Agbedi, while moving the motion, said that the arrest warrant had become imperative following the attitude of the invitees, adding that the parliament worked with time and the CEOs had been invited four times but failed to respond to the invitations.

Agbedi said that the CBN Governor, the AGF and the rest of the invitees should be brought to appear before the committee by the Inspector General of Police through a warrant of arrest after due diligence by the House Speaker, Rep Tajudeen Abbas.

The Chairman of the Committee, Micheal Irom (APC-Cross River), in his ruling said that the Inspector-General of Police should ensure the invitees were brought before the committee on December 14.
It was gathered that the petitioner, Fidelis Uzowanem, had earlier said that the petition was anchored on the Nigeria Extractive Industries Transparency Initiative (NEITI) 2021 report.

Irom said, “We took up the challenge to examine the report and discovered that what NEITI put together as a report is only consolidation of fraud that has been going on in the oil and gas industry.

“It dates back to 2016 because we have been following and we put up a petition to this committee to examine what has happened.

“The 2024 budget of 27.5 trillion that has been proposed can be confidently funded from the recoverable amount that we identified in the NEITI report.

“It is basically a concealment of illegal transactions that took place in NNPCL; they have been in a sink with some oil companies where some companies that did not produce crude were paid cash core, an amount paid for crude oil production.”

 

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FCTA uncovers illegal oil refining warehouse in Abuja

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In continuation of the city cleaning exercise, Authorities of the Federal Capital Territory Administration (FCTA) with operatives of security personnel have uncovered an illegal oil refining warehouse in Mabushi, opposite Mobile filling station on Ahmadu Bello way in Abuja.

 

The Director, Department of Development Control, FCTA, Mukhtar Galadima after the operation on Thursday, said the illegal refining site was discovered during the continuation of the city cleaning exercise.

 

According to him, about three to four plot of lands designated for commercial purposes have been converted to an area where oil and diesel are being adulterated and circulated to other parts of the city.

 

Galadima explained that the city sanitation task force will look into the provision of the law and make necessary recommendations to the FCT Administration for further actions on the plots used for the activity.

 

He said there was no arrest but the items used in carrying out the illegal refining have been impounded.

 

Galadima said, “During the continuation of our city sanitation exercise in Mabushi opposite Mobile filling station on Ahmadu way, we discovered an illegal refining site where oil and diesel are being adulterated, we have done the needful by moving the items to Nigerian Security and Civil Defence Corps.

 

“From what we have seen so far, about three or four pilot of lands designated for commercial purposes have been converted to unapproved activities, which we believe the owners are fully aware, there will be consequences.

 

“We are going to look at the provision of the law and make necessary recommendations to the FCT Administration”

 

He said the administration will continue to go tough on activities being carried out without government approval,  especially revocation of the titles.

 

Collaborating, Head, operations FCT Directorate of Road Traffic Service (DRTS), Deborah Osho said the city management team during the exercise also discovered that most of the areas in the Nation’s capital have been converted to illegal car mart and motor parks.

 

She disclosed that fifteen vehicles have so far been impounded since the operation commenced about two days.

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