The Appeal Court in Lagos, Southwest Nigeria has set aside the judgement of a Lagos High Court, which granted a summary judgement in favour of Heritage Bank Plc over alleged N583, 977,998.73 facilities granted to an oil and Gas Products Marketing Company, Aime Nigeria Limited.
The presiding Judge Serifat Sonaike had on January 26, 2017, ordered Aime Nigeria limited to pay the sum of N583, 977,998.73 to Heritage bank considered to be outstanding amount on the loan facilities granted to it by the bank.
At the turn of event the appellate court in a unanimous decision set aside the judgement and ordered the case to be transferred to the lower court to be listed in the general cause list of the court for trial on merit by another judge other than Justice Sonaike.
The lead judgement was delivered by Justice Abubakar Umar and consented to by Justice Joseph Ikyegh (presiding) and Justice Obietonbara Daniel-Kalio respectively.
It was the case of the Heritage bank that the Aime Nigeria and its allied trading partner companies (Steamplus Ltd and Ridima Nigeria Limited) were given loan facilities of N180,000,000 00, N100,000,000.00 and N45,000,000.00 as trade finance facilities for the procurement of petroleum products, which facilities were fully utilized by the appellant and its trading partner companies.
The bank stated that upon maturity of the said credit facilities, the appellant failed to repay the principal sum interest and other liabilities due and owing to the bank under the loan agreement.
The bank further stated that due to the company’s refusal to repay the principal monies and interest as well as other liabilities, the company’s indebtedness as at August 31, 2015, stood at N583, 977, 998.73.
On the other hand, Aime Nigeria limited (appellant) as the defendant contended that the business finance facility of $12,000,000.00 approved by the respondent was not released to it.
The company stated that out of the sum of N1, 596, 800,000 that was released to it, a total sum of N1, 148,727, 519.15 had been liquidated from the proceeds of the petroleum trade finance that the facility was meant to service.
The company further stated that the outstanding sum on the trading facility account had been taken over by Assets Management Company of Nigeria (AMCON), stressing that the outstanding balance in the account had been renegotiated and undergoing settlement.
The lower court in its ruling granted the relief for summary judgment in favour of Heritage Bank.
Dissatisfied, the company appealed and prayed the appellate court to determine whether the lower court had the requisite jurisdiction to entertain the suit and whether it was correct for the lower court to hold that the appellant had no defence to claims filed before the court.
In a lead judgement, Abubakar Sadi Umar held that the lower court had the requisite jurisdiction to entertain the suit.
The court observed that the appellant participated in all the stages of the proceedings before the trial court until summary judgement was delivere, hence could not complain that it was not served with the respondent’s originating processes and motion for summary judgment.
‘’Even if the issue of service is a jurisdictional one which could be ‘raised at any time even on appeal, the facts and circumstances of this case does not fall within the ambits of those issues that will deprive the trial court with the jurisdiction to entertain the suit as it did’’, Justice Umar added.
However, Justice Umar held that while the appellant is undoubtedly indebted to the respondent, the extent of the indebtedness could only be properly determined at trial.
He stated that the appellant placed material evidence before the trial court why it should be allowed to defend the action.
“It is for the plaintiff to express his belief that a defendant has no defence to the claim and set out his grounds for his belief. The Court bears the ultimate responsibility of determining whether indeed the claim is a liquidated money demand and should therefore be brought under the summary judgment procedure. Where the Court is satisfied that the claim is a liquidated money demand and that the affidavit in support of the notice of intention to defend does not disclose a good defence, it is obligated to enter summary judgment.
‘’Where, on the other hand, the Court finds that the claim is not a liquidated money demand or the affidavit in support of the notice of intention to defend discloses a good defence, it is obligated to transfer the case to the general cause list.
‘’On the whole, the appeal succeeds in part, the decision of the High Court of Lagos State Sitting in Lagos delivered by Justice S.I. Sonaike on 26th January, 2017, wherein the trial court granted the respondent’s (Heritage Bank) application for summary judgment in respect of part of its claims against the appellant is hereby set aside. The matter is hereby transferred to the general cause list for trial on the merit by another Judge of the Lagos State’’, the Appellate court declared.
New Jersey, Texas want 8 Nigerians arrested in Cape Town for $6.8m scams
Warrants of arrests have been issued by the U.S. states of New Jersey and Texas for eight Nigerians busted in Cape Town on Tuesday for online scams, even as they await extradition.
A spokesman of South Africa’s National Prosecuting Authority Eric Ntabazalila said the Nigerians are wanted for multiple scams running into $6.8million.
More than 100 victims have lost an estimated R100 million (6.8 million US dollars) to the gang since 2011.
Ntabazalila made this known after the Nigerians made preliminary appearance at Cape Town Magistrates’ Court on Wednesday, facing various charges relating to internet scams, money laundering and identity theft, already filed in the U.S.
The Nigerians were charged by superseding indictment with wire fraud conspiracy and money laundering conspiracy, spanning from 2011 to 2021. One defendant remains at large.
This is according to the United States Department of Justice.
The suspects are:
Perry Osagiede, aka “Lord Sutan Abubakar de 1st,” aka “Rob Nicolella,” aka “Alan Salomon,” 52;
Enorense Izevbigie, aka “Richy Izevbigie,” aka “Lord Samuel S Nujoma,” 45;
Franklyn Edosa Osagiede, aka, “Lord Nelson Rolihlahla Mandela,” aka, “Edosa Franklyn Osagiede,” aka “Dave Hewitt,” aka, “Bruce Dupont,” 37;
Osariemen Eric Clement, aka, “Lord Adekunle Ajasi,” aka, “Aiden Wilson,” 35;
Collins Owhofasa Otughwor, aka, “Lord Jesse Makoko,” aka, “Philip Coughlan,” 37; and
Two Nigerians jailed in UK for fraudulently claiming £489,000 COVID-19 loan
Musa Mudashiru, aka “Lord Oba Akenzua,” 33.
The men were arrested on Tuesday as part of a joint operation by the FBI, Hawks and the US Secret Service.
They are facing extradition charges to the United States.
The accused allegedly preyed on women – many of them widows or divorcees – by pretending to have a genuine romantic relationship with them.
Ntabazalila said the accused inflicted the losses on American citizens and others around the world.
“It is a first appearance pending an extradition application. They are facing four charges in America.
“Those charges are conspiracy to commit wire fraud; second charges, wire fraud; third charges, is money laundering; and the fourth charge is aggravated theft of identity. It’s alleged that they defrauded victims in America and other parts, in other countries.
“The amount it leads to 6.8 million (US) dollars, which they defrauded from America and other countries.
“There are warrants of arrests in New Jersey and Texas. So we will be opposing their bail application next Tuesday.
“We will mention then the reasons behind opposing bail application. One of them is that we feel that they are a flight risk and some of them are in the country illegally.”
Proceedings have been adjourned to next Tuesday and Thursday for formal bail proceedings.
2023: Atiku, Tambuwal have indicated interest
Oyo State Governor, Seyi Makinde, has claimed that former Vice-President, Atiku Abubakar and Governor of Sokoto State, Aminu Tambuwal, have indicated interest in contesting in the 2023 presidential election.
There have been speculations in the past weeks over the candidates for the next general elections, especially with the issues raised around zoning.
Makinde, speaking during an interview on Channels Television on Thursday, boasted that the Peoples Democratic Party (PDP) has “eminently qualified” personalities that can lead Nigeria.
He also said the only way PDP can be stopped, is if the party is divided internally.
“Once PDP governors are able to move in one direction, align on most of the issues and the challenges we are faced with, I think there is hope for this country.
“Our party has eminently qualified personalities that can lead this country successfully.
“Some have indicated interest like former Vice-President, Atiku Abubakar, like governor Tambuwal, like governor Bala Mohammed.
“The bottom line is when we get to that bridge, we will definitely cross it. What is important at this stage, which I will solicit the support of PDP members and the generality of Nigerians, is please support us to have a successful national convention.
“There is no way you can become anything — president, vice-president, even governor — if we don’t have a party. What we want to do first is ensure that we get things right within our party,” Makinde said.
When Makinde was asked if he thinks PDP will take over power from the APC in 2023, he replied: “Well, it is a question that I know Nigerians will answer and they will answer decisively.”
EndSARS: Police remain at Lekki toll gate
The Police are yet to vacate the Lekki toll gate in Lagos, two days after the End SARS memorial event.
The anniversary was also marked in states, mostly in Nigeria’s South, and in Abuja, the nation’s capital.
The commemoration was to remind the federal government of police reform and reiterate condemnation of the military shooting on October 20, 2020.
Citizens nationwide have been complaining of unending brutality, the basis of the EndSARS uprising ab initio.
Last week, an Assistant Superintendent of Police, Isah Barnabas slapped a traveller in Okene, Kogi State, for challenging officers after collecting a bribe from a passenger carrying a laptop.
On social media, there are videos of policemen across the country assaulting Nigerians in defiance of the caution by the Force headquarters.
Adeola Oyinlade, a human rights lawyer warned the police to stop relying on the Public Order Act of 1979 to justify crackdowns.
Oyinlade recalled that on September 21, a number of retired police officers protested at the National Assembly over poor pension benefits.
“They did this because it is provided for in the constitution. The freedom of citizens to express views on a matter that affects them is a cornerstone upon which the existence of democratic society rests”, he maintained.
Citizens and organizations strongly denounce the recurring use of exercise force by the police and other security agencies,
During the latest gathering in Lekki, an Uber driver, Adedotun Clement was assaulted despite explaining that his presence was not to foment trouble.
Also at the same venue, the police arrested Abisola Alawode, a journalist working for Legit, after hitting and dragging him.
In Osun, a correspondent, Sikiru Obarayese was beaten, arrested and charged to court within one hour on trumped-up charges.
In her judgement, the Magistrate, A. O. Daramola condemned the police action and struck out the case.
The Advocacy for Advancement of Peace & Harmony in Africa Initiative (ADAPHAI) berated the Osun command.
National Coordinator, Sulaimon Suberu demanded that CSP Oyegade Akinloye, who ordered the arrest of the journalists, be sacked.
Suberu noted that Akinloye was notorious for rights violation and displays “temperamental tendency” unbecoming of an officer.
“He is famous for manipulating judicial process to get a pound of flesh of assumed enemies”, his statement read.
“The manner in which Sikiru Obarayese was tortured and hurriedly dragged to court for arraignment on spurious charges speaks volumes.
“Such barbaric directive to clamp down on the media is practically antithetical to rule of law and democratic ethos.
“We consider officers like CSP Akinloye a threat to democracy. His type should not be allowed to superintend young policemen”, Suberu said.
Likewise, the Take It Back (TIB) Movement in Osun, warned the police and others to stop acting lawless.
Samson Tola, the Coordinator, and Owolabi Opeyemi, the Secretary, insisted that protests are citizens’ rights that would never be given up to security agents.
In a statement, the officials noted that the police have been a puppet of the ruling class for too long and must stop.
The group demanded that Akinloye and all operatives that manhandle Obarayese be investigated and prosecuted.
TIB further urged the police to produce the killers of Alimi Ahmed and Mutiu Lawal. Both died during Governor Gboyega Oyetola’s visit to the End SARS protest in 2020.
“The Nigeria Police should publicly apologize for attacking, arresting and dehumanizing Sikiru Obarayese.
“Protests can never be stopped in a democracy. The police and other security agencies should end the brutalization of protesters”, TIB added.
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