Law

Disputed debt: Court vacates ex-parte order attaching PDP chieftain’s property

Justice Daniel Osiagor of a Lagos Federal High Court has discharged an exparte order attaching some property owned by a chieftain of the Peoples Democratic Party (PDP), Mr. Segun Adewale. The judge had on February 7, 2022, granted the exparte order filed by the Asset Management Corporation of Nigeria (AMCON) against Adewale’s firms, among which is Aeroland Travels.

 

The property sealed by AMCON in a suit marked FHC/L/CS/ AMC/154/2021, included: Plot 4 & 4B Block 66 Magodo Scheme, Lagos State; Plot 9, Block 44c, Adetoro Adelaja Street, Magodo Lagos; No. 4C Maye Ogundana Street, Magodo Lagos; No. 10 Oluyomi Oshinkoya Street, Magodo Residential Scheme, Lagos; Plot 8, Block 66, Residential Scheme, Sangisha, Lagos; No. 2A John Olugbo Street, Ikeja, Lagos; No. 2 Fadeyi Street, off Awolowo way, Ikeja, Lagos; No. 8 Surulere Alelor Street, Millenium, Gbagada; and No. 14 Jerry Iriabe Street, off Bashorun Okunsanya, off Admiralty Road, Lekki Penisula.

 

However, in a motion filed through his lawyer, Tope Alabi, pursuant to Sections 6 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as  amended); Sections 49(3) and 50(2) of AMCON Act, 2020 (As amended); Order 26 Rules 9(1) of the Federal High Court (Civil Procedure) Rules 2019  and Order 12 Rule 3 of the AMCON’s Act, Adewale prayed the court for an order discharging and/or vacating the exparte order made on 7th February  2022, but which was served on him on 6th May, 2022. He also asked for an order directing AMCON to indemnify him for damages suffered as a result of the exparte order.

 

Adewale alleged that AMCON misrepresented and concealed material facts from the court to secure the exparte order.

 

He also stated that the court lacks the jurisdiction to entertain the matter or make the ex-parte order as the underlying matter amounts to a gross abuse of court process. However, in its objection to the motion, AMCON through its lawyer, Chief Aloy Ezenduka, denied concealing material facts to secure the ex-parte order.

After listening to the submissions of parties in the matter, Justice Osiagor acceded to Adewale’s request and vacated the ex-parte order. The judge particularly ordered the unsealing of all property affected by the ex-parte order.

 

Justice Osiagor thereafter transferred the case file to one of his colleagues, Justice Tijjani Ringim, who currently presides over another matter involving Aeroland Travels, AMCON and a bank over a disputed loan facility of N1.8 billion.

 

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