Court slams AMCON for abuse of the judicial process.
...sets aside appointment of AMCON appointed manager for Avian
: June 04, 2016 . The Nation
A Federal High Court, Lagos Judicial division has given an order setting aside the appointment of Chief J. Akingbola Akinola, as the Receiver Manager of Avian Specialties Nigeria Limited on the ground that the said appointment is in disregard and defiance of the ex-Parte order of the court made earlier on January 29, 2016.
The court further gave an order instructing Chief Akinola, described as the Receiver Manager appointed by the Asset Management Corporation of Nigeria (AMCON), to vacate the premises of Avian Specialties Limited and its farm that he took possession of on March 23, 2016 in disregard of the Interim Order of Injunction made by the court restraining AMCON from appointing itself or any other person as receiver manager of the company.
The court further held and ordered that Avian Specialties can reverse all steps taken by Chief Akinola as Receiver Manager appointed by AMCON in relation to the management and affairs of the company.
The court in its ruling held that, “pursuant to the disciplinary jurisdiction of the court, an order of the honourable court setting aside the appointment of Chief J. Akingbola Akinola as Receiver Manager of Avian Specialties Nigeria Limited which appointment was registered with the Corporate Affairs Commission on 15th February, 2016 in disregard or defiance of the ex-parte order of the court on 29/01/16 restraining the Assets Management Corporation of Nigeria from appointing itself or any other person as Receiver Manager over the affairs of the company.”
Avian Specialties Nigeria Limited and Mr James Olugbenga Oluwole, had filed an application against Keystone Bank Plc, AMCON and Chief J. Akingbola Akinola, before the court asking for an order setting aside Chief Akinola’s appointment among many such other others.
A Federal High court sitting in Abuja had in a similar application filed by AMCON and Chief Akinola, on May 23, 2016, discharged the Exparted Orders that it earlier granted in favour of AMCON on and Chief Akinola after hearing arguments from counsel to Avian stating that the Exparte order was obtained through willful concealment.
The Abuja court while resolving the matter in favour of Avian Specialties stated that upon reading the affidavit in Support of Motion sworn to by Evans Jones Osimerha, adult, male and upon hearing him move in terms of the application with Exhibits A-D, will deliver its ruling and discharged the earlier order.
Avian through its counsel, Osimerha, had argued that the ex-parte orders granted in favour of AMCON and Chief Akinola on 15th march, 2016 were obtained through willful concealment or suppression of material facts, in bad faith and out of abuse of the judicial process.
AMCON MD, Mustafa Chike-Obi
...sets aside appointment of AMCON appointed manager for Avian
: June 04, 2016 . The Nation
A Federal High Court, Lagos Judicial division has given an order setting aside the appointment of Chief J. Akingbola Akinola, as the Receiver Manager of Avian Specialties Nigeria Limited on the ground that the said appointment is in disregard and defiance of the ex-Parte order of the court made earlier on January 29, 2016.
The court further gave an order instructing Chief Akinola, described as the Receiver Manager appointed by the Asset Management Corporation of Nigeria (AMCON), to vacate the premises of Avian Specialties Limited and its farm that he took possession of on March 23, 2016 in disregard of the Interim Order of Injunction made by the court restraining AMCON from appointing itself or any other person as receiver manager of the company.
The court further held and ordered that Avian Specialties can reverse all steps taken by Chief Akinola as Receiver Manager appointed by AMCON in relation to the management and affairs of the company.
The court in its ruling held that, “pursuant to the disciplinary jurisdiction of the court, an order of the honourable court setting aside the appointment of Chief J. Akingbola Akinola as Receiver Manager of Avian Specialties Nigeria Limited which appointment was registered with the Corporate Affairs Commission on 15th February, 2016 in disregard or defiance of the ex-parte order of the court on 29/01/16 restraining the Assets Management Corporation of Nigeria from appointing itself or any other person as Receiver Manager over the affairs of the company.”
Avian Specialties Nigeria Limited and Mr James Olugbenga Oluwole, had filed an application against Keystone Bank Plc, AMCON and Chief J. Akingbola Akinola, before the court asking for an order setting aside Chief Akinola’s appointment among many such other others.
A Federal High court sitting in Abuja had in a similar application filed by AMCON and Chief Akinola, on May 23, 2016, discharged the Exparted Orders that it earlier granted in favour of AMCON on and Chief Akinola after hearing arguments from counsel to Avian stating that the Exparte order was obtained through willful concealment.
The Abuja court while resolving the matter in favour of Avian Specialties stated that upon reading the affidavit in Support of Motion sworn to by Evans Jones Osimerha, adult, male and upon hearing him move in terms of the application with Exhibits A-D, will deliver its ruling and discharged the earlier order.
Avian through its counsel, Osimerha, had argued that the ex-parte orders granted in favour of AMCON and Chief Akinola on 15th march, 2016 were obtained through willful concealment or suppression of material facts, in bad faith and out of abuse of the judicial process.
AMCON MD, Mustafa Chike-Obi
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