Jimoh Ibrahim’s Suit To Recover Assets Struck Out, Not Dismissed

Contrary to earlier reports that the Court of Appeal, Lagos Division, last Friday dismissed two appeals filed by Chairman, Global Fleet Group, Jimoh Ibrahim, challenging the Asset Management Corporation of Nigeria’s seizure of his assets and freezing of his bank accounts over his alleged N69.4 billion debt, court document has revealed that the suit was actually struck out, not dismissed.

The leading judgement read by Justice Obande Ogbuinya said, “Appeal struck out for being incompetent.”

The two other justices – Abubakar Umar and A.I Banjoko – agreed with the judgement and the consequential orders it delivered.

The appellants were given 14 days to obtain Leave to Appeal, thus, an approval to re-file the appeal.

Jimoh Ibrahim and his Global Fleet Group consequently filed a fresh notice of appeal yesterday.

In the fresh Notice of Appeal filed on their behalf by Chief Niyi Akintola, SAN dated December 13, 2021 but filed December 14, 2021, the appellants complained about the entire decisions of the lower court.

The appeal is predicated on 11 grounds upon which the appellants are asking the Court of Appeal to set aside the decision of Justice Aikawa for erring in law when it made an order directing AMCON to take over the appellants’ assets and seizure of their bank accounts.

In ground one of the appeal, they argued that “the learned trial Judge erred in law when he placed reliance on Section 49 of AMCON Act 2018 to come to the wrongful conclusion that AMCON will be helpless if the Exparte Orders of 4° November, 2020 were not made.”

The case of the plaintiffs are that Section 49 of the said Act is not applicable in the instant case as there was no debt yet ascertained as found byJustice J Oguntoyinbo in her Ruling of October 2, 2019 in Suit FHC/L/CS/776/2016.

They further argued that the learned trial Court was wrong to place reliance on Section 49 of AMCON Act when the Ruling of Oguntoyinbo indicated that there were no debts.

“Section 49 of AMCON Act will only be applicable if the debts has arisen and ascertained.

“Section 49 of AMCON Act contradicts Section 36 of the Constitution of Federal Republic of Nigeria, 1999 ( As Amended) which provides that all parties must be heard before a matter is decided, thus rendering the said Section unconstitutional, null and void.

On grounds two, they submitted that the learned trial Court erred in law when it refused the prayers of the appellants to set aside the Exparte Orders of November 4, 2020 by holding that the Exparte application dated March 20, 2020 upon which the said Orders are predicated is permissible in law and is preservative.

On grounds three appellants submitted that the learned trial Judge erred in law in refusing the prayers of the Appellants in their Motion on Notice dated 19″ November, 2020 seeking among others, the setting aside of the Exparte Order of 4 November, 2020 having been made without jurisdiction.

In grounds four appellants claimed that learned trial Court erred in law when it held that it was wrongful for the trial court to have heard the Exparte Motion of March 20, 2020 which led to the Order Exparte freezing the accounts of the Appellants and taking possession of their properties on November 4, 2020 after the same court had ordered stay of proceedings.

“The Exparte Orders of November 4, 2020 has occasioned a miscarriage of justice by overreaching the Appellants and depriving the Appellants of their rights to own movable and immovable properties as provided by Section 44 of the Constitution of the Federal Republic of Nigeria (1999, as Amended).”

Also appellant claimed trial court erred in law when it re-opened Suit No. FHC/L/CS/776/2016 by granting the Orders Exparte of November 4, 2020 when the condition precedent for the continuation of the said suit is stated to be until final determination of Suit No. 1D/1074/2010 between Nicon Investment Limited Vs Union Bank Plc and Union Bank Plc Vs Nicon Investment Limited, Claim and Counter claim respectively, pending at the Lagos State High Court, and thereby occasioned miscarriage of justice.

They further claimed that the lower court violently violated the Appellants’ rights to fair hearing and struck out prayers 2, 3, 5 and 6 of the Appellants’ Motion on Notice dated November 19, 2020 without cogent reasons and thereby occasioning miscarriage of justice.

They are therefore praying the appellate court for, “An order setting aside the ruling of the lower court, delivered by Honourable Justice Aikawa of the Federal High Court, Lagos on the 16″ day of February, 2021 in Suit No. FHC/L/CS/776/2016.

“An order invoking the provisions of Section 15 of the Court of Appeal Act, and to hear and determine the Appellants’ Motion on Notice dated November 19, 2020 as if same has been filed before this Honourable Court.

“An order Setting aside the Exparte Orders made by the Honourable Justice Aikawa of the Federal High Court on November 4, 2020 in Suit No. FHC/L/CS/776/2016, the subject-matter of this Appeal.

No date has been fixed for the hearing of the fresh appeal.