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Tag: Court Ruling

  • Union Trustees Limited appeals vacated ex-parte order freezing the assets of Union Homes Savings and Loans Plc

    Union Trustees Limited appeals vacated ex-parte order freezing the assets of Union Homes Savings and Loans Plc

    Union Trustees Limited has approached the Court of Appeal against to challenge the ruling of Justice Daniel Osiagor of the Federal High Court in Lagos that vacated an ex-parte order freezing the assets of Union Homes Savings and Loans Plc.

     

    Union Trustees Limited also filed an application seeking to stay the execution of the order.

     

    Respondents in the suit are: Union Homes Savings and Loans Plc, Aso Saving and Loan Plc and Union Bank of Nigeria Plc.

     

    The applicant is asking the Appeal Court to set aside the ruling of the Federal High Court delivered on Wednesday, which discharged/varied the interim Mareva Order and Order for the appointment of Receiver /Manager made on February 24, 2022.

     

    The applicant based its application on the ground that the lower court erred in law when it heard and determined the motion on notice dated March 7, 2022, filed by Dr Muiz Banire (SAN) when his competence to represent Union Homes Savings and Loans Plc had been challenged.

     

    It also argued that the hearing and determination of the application filed by Banire was wrong as the court ought to have first resolved the issue of legal representation before proceeding to other substantial issues such as the motion to vary/discharge the interim orders.

     

    Union Trustees, in its motion for stay of execution of the ruling filed before Justice Daniel Osiagor, is asking the judge for an order suspending the effect of the ruling vacating the Mareva injunction pending the determination of its appeal at the Court of Appeal.

     

    It is also seeking an order of injunction pending appeal maintaining status quo and restraining the respondents whether by themselves or their counsel, agents or privies from taking any steps whatsoever to interfere with the orders of February 24, 2022, or the ongoing Receivership of Union Homes Savings and Loans Plc pending the determination of the Applicant’ appeal to the Court of Appeal.

     

    The applicant is further praying the court for an order restraining the Respondents whether by themselves or their counsel, agents or privies from publishing, either by social media, by print or electronic publications, however, described or by making any form of representation to the public in respect of the first and second Respondents as relates to the vacation of the Orders of the court and/or the ongoing Receivership of the 1st Respondent, pending the determination of the Applicant’s appeal to the Court of Appeal.

     

    In an affidavit attached to the application, Union Trustees Limited claimed that it commenced this suit for the recovery of debt owed by the first and second Respondents to the tune of N41.2 billion.

     

    It also stated that to preserve the Respondents’ assets pending the determination of the suit and forestall a dissipation of assets, its applied and obtained an Order of Mareva injunction freezing the funds and assets of the Respondents as well as an Order appointing a Receiver/Manager for the first Respondent its undertakings, businesses and assets for the preservation of same among other orders.

     

    On March 23, the court delivered a ruling vacating the orders notwithstanding that another counsel had filed a notice of preliminary objection dated March 22, 2022, to challenge the authority of counsel representing the first Defendants to act as counsel to the said Respondent in this suit.

  • Ebonyi High Court rules in favour of Gov. Umahi, deputy

    Ebonyi High Court rules in favour of Gov. Umahi, deputy

    Ebonyi state High Court, Abakaliki on Thursday, ordered Governor David Umahi and his deputy, Eric Kelechi Igwe to remain in office.

    Ebonyi Governor Dave Umahi and his deputy had approached the court to obtain an order to remain in office until the Appeal court delivers its judgment concerning his defection from the PDP to the APC.

    In its judgment, the trial judge, Justice Henry Njoku ruled that the Governor and his deputy should still retain their seats pending the outcome of the case at the Court of Appeal.

    “David Umahi, Governor of Ebonyi State and his Deputy, Barr Eric Kelechi Igwe have secured an Order from the High Court of Ebonyi State asking them not to vacate their offices, that the judgement of the same court on 28th February, 2022, on their defection to APC remains valid as a judgement in rem, which is binding on all parties, persons and authorities.”

    The Judge used as reference point the Supreme Court judgement in the case of IGWEMMA & Anor Vs OBIDIGWE & ORS to say that the judgement was binding on the parties in the litigation and others, having anything to do with the status of the office of the Governor and the Deputy Governor of Ebonyi State.

    The order of court reads in part: “it is hereby ordered as follows: An interim order of this honourable court for seven (7days) subject to renewal is hereby granted in view of its judgement in suit No. HAB/13/2022, being a judgement in rem and having precedence over any subsequent contrary judgement.

    “The applicants, Engr. David Nweze Umahi and Dr. Eric Kelechi Igwe shall accordingly remain and not be removed from office as Governor and Deputy of Ebonyi State respectively.”

  • Court ruling will not stop amendment of Electoral Act – Lawan

    Court ruling will not stop amendment of Electoral Act – Lawan

    Senate President Ahmad Lawan says the ruling given by the Federal High Court in Abuja, will not stop the National Assembly from amending the Electoral Act 22.

    The court in a ruling delivered on Monday by Justice Inyang Ekwo, in an ex-parte application by the People’s Democratic Party(PDP)barred President Muhammadu Buhari, Attorney General of the Federation and the Senate President from amending the newly Electoral Act 2022.

    The Court maintained that the Electoral Act having become a valid law could not be altered without following the due process of law.

    President Buhari, had in a letter dated Feb 28 requested the National Assembly to amend the Electoral Act.

    Buhari had drew the attention of Senate to the provisions of Section 84(12), which, according to him, constitutes a defect, having noted that it was in conflict with extant constitutional provisions.

    Lawan ,while reacting to the ruling by the Federal High Court after the Electoral Act Amendment Bill scaled first reading at plenary, said the ruling violated provisions of the 1999 Constitution )as amended) on Separation of Powers.

    “I find it necessary to talk to this at this point, because our governance system is based on the Presidential system of government where there is clear cut separation and exercise of powers.

    “The Judiciary, under no circumstance cannot stop the National Assembly from performing its legislative duties.

    “We know what our due processes are, just like we wouldn’t venture into what the Judiciary does, it should also understand that we have our processes.

    “If the President writes to the National Assembly to request for an amendment, that is within his competence, and it is for the National Assembly to decide whether it agrees with the request of Mr. President or not.

    “But to say that we cannot consider it, is to ask for what is not there to be given. I believe that Members of this National Assembly know their work and will do what is right.

    “This is due process, we are not doing anything outside of the law, whether it is Mr. President or any Nigerian who feels very strongly about an amendment, this National Assembly is ready to take in and consider.

    “It is within our exclusive right to consider whatever request we receive from Nigerians, whether through the Executive arm of government or through our colleagues via private members’ bill.”

    Sen. Gabriel Suswam,(PDP-Benue)in his contribution said:”I agree with what you have said, the court cannot stop us from making laws.

    ” The problem with the letter sent to us by the President was that there is a part of it that interpreted the law we made.

    “I think that is the only part that the court can act on, because tPresident Buhari said that the law the National Assembly made is ultra vires the Constitution, which is not his responsibility.

    “I think, to that extent, the court can comment on that and not on the fact that we are making laws.”

    Sen. Ike Ekweremadu(PDP-Enugu), while citing Order 52(5) of the Senate Standing Order, called on the Senate to abide by the court ruling.

    He said: ”when we were waiting for the President to assent to the Electoral Act, some of us made a suggestion we believed would help, namely that the President would sign and then we would commit ourselves to amending that section.

    “Mr President, I also offered to help in redrafting it, now we have a situation where they’ve told us there’s a Judicial restriction on us to do that.

    “Mr President, I agree with you entirely, but the principle as all the lawyers here know, is that if there is a court order, no matter how wrong it is, our responsibility as individuals and citizens is to respect it.

    “The argument you have raised is what we are going to raise in response.”

    The Senate President, while giving his ruling to the Order raised by Ekweremadu, said,” this has nothing to do what happens in the court.”

    Ekweremadu, however, advised the National Assembly to discharge the court order via the court.

    “I think the argument you’ve raised is valid, but this point is what we have to present in court to discharge that order.

    “We cannot sit and appeal on a matter that has already been given an order in court. I think we should exercise caution in siting a judgment over a matter that an order has been given.

    “What we should do is to brief our lawyers to go and discharge the order, instead of sitting here and disobeying court order, is is not good for us and our system, that is calling for anarchy.”

    Responding further, Lawan said: ”my opinion about anarchy is when either arm of government decides to go into the exclusive preserve of the other.

    “If the Judiciary wants to come into the Legislature to decide when we sit and when we don’t, then that’s anarchy.

    “If the Judiciary would simply say we are not to consider this and that, and we obey those kind of rulings, that is anarchy, because it is emasculating the legislature and that is not supposed to be .

    “We will continue with what we are supposed to do because that is our calling. We are just advising that the Judiciary should please help us develop this democracy, because this arm of government is the least developed and if we are allow these kind of rulings, we may end up going back 23 years ago.

    “I believe that what we are saying is the same, but we are emphasising that that judicial pronouncement will not stop us from doing what is right and our work here.”

  • New Minimum Wage: Labour insists on Nov 6 nationwide strike despite court ruling

    The Organised Labour has insisted on embarking on a nationwide strike over the non-implementation of N30, 000 as the new National Minimum Wage, in spite of the National Industrial Court ruling in Abuja.

    Mr Ayuba Wabba, President, Nigeria Labour Congress President, said this in an interview with the News Agency of Nigeria on Friday in Abuja.

    The National Industrial Court of Nigeria in Abuja has restrained the organised labour from proceeding on a nationwide strike on Friday.

    The strike by organised labour is scheduled to commence on Nov. 6 over the new National Minimum Wage for workers in the country.

    According to Wabba, we are not aware of any court ruling and we have not been served any notice.

    “We have just concluded our joint organ meetings of the Central Working Committees of the Labour Centres of the NLC, Trade Union Congress and the United Labour Congress here in Lagos.

    “The meeting is the final preparation for a full engagement with the government on the new National Minimum Wage and we have taken our decision to go on the strike.

    “Our decision is to go ahead with the nationwide strike unless the government does the needful,” he said.

    Also, Mr Musa Lawal, TUC General Secretary, also told NAN said the centre was not was aware of any court ruling concerning the planned strike by organised labour.

    “We are not aware because we have not been served any court order; we have taken our decision and we are going to stand by that,” he added.

    The Nigerian Governors Forum had issued a communique after its meeting claiming that state governors can only pay N22, 500, as the new national minimum wage.

    The organised labour has reiterated its position that any figure below N30, 000 would not be acceptable to labour.

    Labour had earlier called on its members to mobilise in preparation for the commencement of an indefinite strike on Nov. 6, unless necessary steps are taken to adopt the recommendation of the Tripartite Committee.