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JUDICIARY

Alleged N69bn Debt: Court Fixes May 25 to Hear AMCON’s Application

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The Federal High Court, Abuja, on Monday, fixed May 25 to hear a motion brought by the Asset Management Corporation of Nigeria (AMCON), seeking a stay of execution of orders it granted the businessman, Jimoh Ibrahim, over alleged N69 billion debt.

 The new date was fixed following the inability of Justice Okon Abang to preside in today’s proceeding.
 The News Agency of Nigeria (NAN) observes that AMCON, through its lawyer, Ade Adedeji, SAN, had indicated to appeal the orders made in favour of Ibrahim and his companies by Justice Abang by filing a motion for stay of execution with suit number: FHC/ABJ/001/2021 before the court.
  Justice Abang had, on Feb. 22, vacated the orders obtained by AMCON in aid of Taiwo Lakanu, the receiver/manager, it appointed to manage the assets of two seized companies owned by Mr Ibrahim over alleged N69 billion debt. The seized companies are NICON Investment Ltd and Global Fleet Oil and Gas Ltd.The judge, in a ruling, held that it was an order made without jurisdiction because there was a subsisting order by a court differently constituted on the matter.Justice Abang said that AMCON misled the court by withholding material facts from the court to obtain the interim ex-parte order.NAN observes that Justice Nkeonye Maha of a Federal High Court, Abuja, had, on Jan. 4, granted the AMCON exparte motion.The court had restrained the defendants, their directors, shareholders, officers, employees, agents or privies from interfering or obstructing Taiwo Lakanu (4th plaintiff) in the course of performing his duty as receiver manager whether by himself and or other persons employed by him over the 2nd and 3rd plaintiffs’ assets pending  the determination of the originating summons, among others.The judge made further consequential orders directing the Inspector General of Police (IGP) and other security officers named in the application, to provide Lakanu with all the needed assistance to execute his task.While AMCON is the 1st plaintiff, NICON Investment Limited (in receivership), Global Fleet Oil and Gas Ltd (in receivership) and Taiwo Lakanu (appointed as receiver of 1st and 2nd plaintiffs) are 2nd to 4th plaintiffs in the suit.In the matter with suit number: FHC/ABJ/001/2021, Ibrahim, NICON Insurance Ltd, Nigeria Re-Insurance Hotels Ltd, Abuja International Hotels Ltd and NICON Hotels Ltd are 1st to 5th defendants.But in a ruling, Justice Abang vacated the main order and the accompanying consequential orders made by Justice Maha on the grounds that AMCON withheld facts from the court and that the orders were made without jurisdiction.Abang noted that AMCON failed to disclose that the purported debt owed by NICON Investment and Global Fleet to Union Bank, which it bought, was the subject of a pending suit before the High Court of Lagos State in a suit marked: LD/1074/2010.He added that AMCON also withheld from the court, in obtaining the said Jan. 4 orders, that a Federal High Court in Lagos presided over by Justice J. Oguntoyinbo, granted an order on Oct. 2, 2019, staying further proceedings in a similar case, marked:  FHC/L/CS/776/2016, pending the outcome of proceedings in the suit before the High Court of Lagos.Justice Abang added that since the order for stay of proceedings made on Oct. 2, 2019 by the Federal High Court, Lagos was not appealed, it was still subsisting and as a result, the Federal High Court in Abuja was without jurisdiction to have made the orders of Jan. 4.The judge noted that the issue at stake was not about AMCON’s power to appoint a receiver/manager, but whether AMCON deposed to the court in Abuja, before obtaining the Jan. 4 orders, that there was a subsisting order made by the Lagos division on Oct. 2, 2019, staying proceedings.“This is a clear case of concealment of material facts before the ex-parte order was made.“This is a case of non-disclosure and suppression of material facts. AMCON cannot pretend that the order made on the Oct. 2,, 2019 does not exist, having not appealed.“As far as the ex-parte order, limited to the 4th of January, 2021 is concerned, it is a nullity.“Where a trial court lacked jurisdiction to make an order, a judge of coordinate jurisdiction has jurisdiction to set same aside,” the judge said.He added that although the AMCON’s power to appoint receiver/manager, under Section 48 of its Act, was not in doubt, the issue of whether it (AMCON) could appoint a receiver/manager over NICON Investment and Global Fleet in respect of a debt that has not been ascertained would only be determined at the hearing of the substantive suit.The judge ordered the five defendants in the suit, including Jimoh Ibrahim to file their defence to the substantive suit and adjourned until March 15 for parties to first address the court on whether it could proceed with further hearing of the suit in view of an earlier ruling it gave on Feb. 25, 2011 in a related case, marked: FHC/L/CS/1359/2010 between Union Bank and NICON Investment and six others.AMCON had, in applying for the Jan. 4 order, stated that sometime in 2008 and 2009 NICON Investment and Global Fleet were granted loan facility of N26 billion by Union Bank, and that the facility was secured with £125 million jointly owned by both companies, kept in the NICON Investment’s fixed deposit account with the bank.It added that when the loan was due and the both companies failed to repay, Union Bank later sold the debt to it (AMCON) as non-performing loan, adding that as at Nov. 30, 2020, the outstanding loan, with accrued interest stood at N69 billion.AMCON said it later acted, pursuant to Section 48 of its Establishment Act, to appoint Lakanu as a receiver/manager over the assets of NICON Investment and Global Fleet in order to manage the assets and prevent them from wastage.In a counter affidavit Ibrahim and other defendants stated among others, that the issue of whether there is a valid debt owed to Union Bank by NICON Investment and Global Fleet  the companies alleged to be in receivership, is the subject of suit: LD/1074/2010 pending before the High Court of Lagos.They added that Union Bank, which claimed to have sold the purported debt to AMCON, admitted in the suit before the Lagos High Court that it is in custody of £125 million held in favour of NICON Investment.The defendants stated that AMCON  suppressed material facts before the interim ex-parte orders were obtained on Jan. 4.(NAN)

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Business News

UBA Wins N156bn Debt Recovery Case Against Stallion Group

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The Court on Friday ruled in the Bank’s favour on all issues and granted all its prayers.

United Bank for Africa (UBA) Plc has secured a significant legal victory in its debt recovery proceedings against Stallion Group, following a court judgment which upheld the Bank’s position on all issues submitted for determination.

In a sweeping decision, delivered by by Justice Daniel Osiagor  of the Federal High Court sitting in Ikoyi, Lagos on Friday,  the Court granted all the reliefs sought by UBA, affirming the validity of the appointment of a Receiver/Manager, the enforceability of the mortgage security and the liability of the guarantors.

The Court observed that the Defendants did not dispute the existence of their indebtedness to the Bank but challenged the amount claimed. It further held that the reconciliation of accounts between the parties did not extinguish or negate the underlying indebtedness.

In a major affirmation of UBA’s enforcement rights, the Court upheld the appointment of the Receiver/Manager and confirmed his entitlement to take possession of the mortgaged property and seek appropriate protective orders.

The Court also dismissed objections raised by the 12th Defendant, holding that it had failed to establish any proprietary rights over the mortgaged property. Consequently, its consent was not required for the creation of the mortgage, and its objections were rejected.

Significantly, the Court restrained the Defendants from diverting receivables due to them from government agencies, thereby reinforcing the Bank’s ability to protect its recovery interests.

The judgment also affirmed the liability of the guarantors, strengthening UBA’s legal position in pursuing recovery of the outstanding obligations.

The decision represents a comprehensive victory for UBA, with the Court resolving all issues in the Bank’s favour and granting all the reliefs sought.

The ruling is particularly significant for the enforcement of creditors’ rights in Nigeria, underscoring the legal validity of properly constituted security arrangements and the authority of duly appointed receivers to enforce creditors’ interests.

It also reinforces the principle that disputes over the precise amount of an outstanding debt do not, by themselves, invalidate the underlying indebtedness or prevent creditors from exercising their lawful recovery rights.

The judgment marks a major milestone in UBA’s efforts to recover its exposure to Stallion Group and safeguard the interests of the Bank and its stakeholders.

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JUDICIARY

False claim against Tinubu: DSS tenders Sowore’s post, plays video evidence in court

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The Department of State Services (DSS), on Thursday, tendered a generated copy of the message posted by Omoyele Sowore on his social media handles where he allegedly defamed President Bola Tinubu as evidence at the Federal High Court in Abuja.

The DSS also played the video evidence of President Tinubu’s speech made on Aug.

26, 2025, during his state’s visit to Brazil, before Justice Mohammed Umar in establishing its cyberstalking charge against Sowore, the publisher of Sahara Reporters.

Both the message and the video recording in a flash drive were admitted in evidence and marked as exhibits by Justice Umar after counsel for the defendant, Marshal Abubakar, reserved his objection and until final written addresses stage.

The development occurred when the security agency’s 1st prosecution witness (PW-1) and an operative of the service, Cyril Nosike, was being led in evidence by its lawyer, Akinlolu Kehinde, SAN.

The News Agency of Nigeria (NAN) reports that Sowore is being prosecuted for referring to the president as “criminal” in his X and Meta handles.

In the amended charge, marked: FHC/ABJ/CR/484/2025 and filed on Dec. 5, Sowore is named as sole defendant.

Although Sowore, X Incorp (formerly Twitter) and Meta (Facebook) Incorp were listed in the earlier charge as 1st, 2nd and 3rd defendants respectively, in the amended charge, the names of 2nd and 3rd defendants were dropped.

Testifying, Nosike said he works at the Cyberspace Monitoring Centre of the service.

According to my duty is to monitor the cyberspace 24 hours, night and day.

“I am here to give evidence in support of the charges filed against the defendant,” he said.

Narrating how he came across Sowore’s post, he said: “On the 26th of August, 2025, in the course of my duty at the Cyberspace Monitoring Centre, I detected and monitored a post by the defendant through his X handle.

“The post was referenced as such: ‘This criminal @officialABAT actually went to Brazil to say that there is no more corruption under his regime in Nigeria. What an audacity to lie shamelessly.’”

The witness explained that the X handle; “@officialABAT” is the official X handle of the President and Commander-In-Chief of Nigeria.

He said after he came across the president’s video, he downloaded it and saved it in a flash drive and marked the flash drive as “XYZ.”

He said he equally had a certificate of compliance of to back this in compliance with the Evidence Act.

The judge admitted the flash drive as Exhibit “A” and the certificate of compliance as Exhibit “B” after Abubakar said he would respond in appropriate time.

The video recording was then played for some minutes.

The video showed President Tinubu speaking about the achievements of his administration and encouraged the Brazilians to invest in Nigeria because there was now a conducive business environment, where there is no more corruption.

Nosike said when he saw Sowore’s post, he made a screenshot of it, including the reaction and a certificate of compliance to back it.

The judge equally admitted these in evidence and marked them as Exhibits “C” and “C1” after the defendant’s lawyer reserved his objection.

When the DSS lawyer asked the witness what his office did seeing the post, he said: “Seeing the reactions from this post, the DSS wrote a letter officially to the owners of X and Facebook, which is Meta, through their email addresses.

“We also have the screenshot of the letter and certificate of compliance

“The letter was for them to take down the post considering that the statement on that post was generating lots of tension.”

The screenshot of the letter was marked at Exhibit “D” by the judge.

The witness further told the court that tye DSS also wrote a letter to Sowore through his lawyers and that they also acknowledged the receipt of the letter.

According to him, the letter was a demand to retract that post.

Justice Umar admitted it in evidence and marked it as Exhibit “E” after Abubakar reserved his objection.

The witness said after Sowore received the letter, despite being a classified information, “he went ahead to post this on his X and Meta platforms.”

According to him, as expected, the letter also garnered reactions from Nigerians and the content of the reactions of that letter were far-reaching and painted the service in bad light.

The officer said he made a screenshot of the post and had a certificate of compliance in support and it was admitted as Exhibit “F.”

The witness told the court that Sowore’s inciting posts made their work, as security agencies, complicated.

“We have officers and men who have sworn on oath to put themselves on the line for the security and stability of this country.

“Such inciting posts that generate tension, make our work more difficult and we take such issues very seriously,” Nosike said.

When Abubakar was directed to cross-examine the witness, he prayed the court to allow him study the evidence of the witness.

He, therefore, sought an adjournment to February but DSS counsel objected.

Kehinde argued that Section 396(3) of Administration of Criminal Justice Act (ACJA), 2015, stipulates day-to-day trial after arraignment.

He said there was no basis for Abubakar’s plea for adjournment.

Justice Umar subsequently adjourned the matter until Jan. 27 for cross-examination of the PW-1 and continuation of hearing.

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JUDICIARY

Judiciary Remains Hope of Common Man- Diri

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Gov. Douye Diri of Bayelsa says the judiciary remains the hope of the common man in the society, charging officers in the temple of justice to always strive to be upright.Diri said this on Friday in Yenagoa at a Thanksgiving/Valedictory Court Section for the commencement of the 2025/2026 Legal Year in the state.

The governor said: “It has become an annual ritual but we all know that the bible says seek ye first the kingdom of God and all other things shall be added on to thee.
“Today we are handing over this new legal year to God for His protection to the judiciary. I believe you are going to do beyond our expectations with God on your side.“In this country today without exception, I appeal to us Nigerians, Bayelsa people to allow the judiciary to be used by God, to be allowed to work to the best of their ability and conscience to deliver incorruptible and sound judgement.
”Diri said that the trust of the public lies with the judiciary which demands justice for all manner of people, irrespective of the class in the society.The governor urged the judiciary especially the judges to always stand tall on what is right, as they are highly autonomous as an arm of the government.On her part, Justice Matilda Ayemieye, the Chief Judge of Bayelsa, commended the Bayelsa government for the support in various ways to ensure that the judiciary is autonomous.She said that the judiciary enjoys cordial working relationship with the Nigeria Bar Association, the Legislature and the Executive.The chief judge said that the new legal year allows them to assess the previous year, adding that it is a day of accountability towards the people they serve and to strengthen the rule of law.Ayemieye said that the Bayelsa judiciary aspires to be one of the best judiciary as they have earned respect among other judiciary in the country.Also, Mr Biriyai Dambo (SAN) the Attorney General and Commissioner for Justice, expressed happiness over the commencement of the new legal year.He said that they are committed to service delivery in Bayelsa and commended the bar and the bench for their hard work to ensure that justice is served in Bayelsa.The Commissioner said that for the past years the judicial system had changed and that the welfare of the judiciary and that of the Ministry Justice is one of the priorities of Diri’s administration which has paid in full all monies owed law officers.“This current administration has boosted the morale of law officers, as they have contributed to the justice delivery in Bayelsa state.“This current administration has equally assisted the NBA Yenagoa and Sagbama branches respectively. My office is wide open to enhance the justice system in Bayelsa state,” he said. (NAN)

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