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Ecobank Nigeria to Appeal Honeywell’s Purported N72 Billion Court Judgement
Ecobank Nigeria to Appeal Honeywell’s Purported N72 Billion Court Judgement
Ecobank Nigeria Limited says it will appeal a judgment by the Federal High Court in Lagos, presided over by Hon. Justice Liman, which delivered a judgment in favour of Honeywell Flour against the bank and ordered it to pay the sum of N72 billion. The bank said it believes that the judgment is perverse and cannot stand the test of time. It also noted that it would vigorously challenge the same, and remain confident that it can reverse this judgment at the higher courts.
Sources from the bank stated that the instant suit was an action filed in 2018 for the enforcement of the Bank’s Undertaking as to Damages which was filed in pursuance of its Winding Up Petition and the Ex-Parte Orders which were granted in favour of the Bank.
“We challenged the action through a Notice of Preliminary Objection dated 16th October, 2018 whereby we challenged the jurisdiction of the Federal High Court, as (among other reasons), the action did not fall within the provisions of Section 251 (d) of the Constitution, being that the subject matter of the suit was for the Claim of Damages arising out of an Ex-Parte Order, as opposed to a Banker-Customer relationship. Trial was concluded in this matter on 9th March 2021 and the parties adopted their final written addresses alongside our Notice of Preliminary objection on 16th March 2022, the Court then adjourned the matter to 27th May 2022 for judgment. While the court failed to deliver judgment on the said date, the registrar of the court promised to inform counsel whenever the judgment was ready”.
“In the wake of the Supreme Court’s decision in the Bank’s favour, in Suit No. SC/CV/210/2021 which was delivered on 27th January 2023, the bank further filed a Motion on notice dated 9th March 2023 to dismiss the Suit on the grounds that the same has become academic as a result of the judgment entered in favour of Ecobank wherein the Supreme Court held that Honeywell remained indebted to the Bank. The Court heard a motion dated 9th March 2023 and adjourned to 23rd June 2023 for ruling on our two applications and also for delivery of judgment. The Court consequently delivered the said ruling/judgment today July 18 via a virtual proceeding at about 4pm. In its Judgment, the Court dismissed the two applications we filed, holding that it has jurisdiction to entertain the suit and also that the suit had not become academic”.
According to the bank, In reaching its judgment, the Court ignored/refused (among others): Submissions showing that the Ex-Parte Orders were discharged on points of law and not that it was frivolously obtained by the Bank; that the Ex-Parte Order lasted for less than 2 weeks, contrary to the Claim of Honeywell which was said to have covered the period of three years; that the documents presented by Honeywell particularly the annual returns did not show the alleged damage, hence same was indeed non-existent; that documents from various other Banks who were served with the ex-parte order showed that the Honeywell companies were indeed highly indebted to them, hence there was no way the Ex-Parte Orders would have frozen funds in the said Banks; and more importantly, the Court refused all the objections regarding the documents maliciously prepared by Honeywell for the sole purpose of instituting the Suit and claiming unjustifiable sums from the Bank.
The bank reiterated that it is a member of the Ecobank Group, the Pan-African Bank which is proudly and fully committed to transparency in all the countries where it operates, and abides by laws and regulations. It believes that this matter should be conclusively determined in line with the applicable judicial process.
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Laffmattazz: Lagos 3rd Coming Features Star-Studded Lineup with Dbanj Gandoki, Akpororo, Taooma, Seriki Dariya, others
We Must Build A Virile Legislature For The Future, Speaker Obasa Says
Speaker Mudashiru Obasa of the Lagos State House of Assembly, on Sunday, counselled members of the House to strengthen the legislative arm of government ahead of the future.
Dr. Obasa gave the advice in Abeokuta, Ogun State at the opening of a three-day budget retreat for lawmakers and staff of the House with the theme: ‘Optimising the legislature’s power of the Purse’ for effective service delivery in Lagos State’.
The Speaker challenged the lawmakers to be committed in their legislative duties as they must leave lasting legacies for the future, strengthen governance, responsibility and accountability.
He charged the lawmakers on improved and effective legislative oversight functions being one of the responsibilities of the legislature.
“What we do now is really not about us; it is for the totality of the system.
“I appreciate this budget retreat. Each one of us must be responsible in carrying out the assignments we are tasked with. This is very essential.
“We carry out budget scrutiny based on what is presented by the executive. Once we give a go-ahead, it means the executive must comply and treat it accordingly because it has become a law.
“Going forward, all the reports of each committee must be presented at the floor of the House. This will help us decide on how to act for the sake of transparency and accountability,” the Speaker said.
He advised the lawmakers against docility in the task of ensuring that Lagos continues to weather economic storms.
“We all have roles to play and, in doing that, sentiments and self-benefits must be removed. The day you start with self-benefit, you have become a failure.
“If you do your job the way you should do it, you will earn your respect and will be held in high esteem by the Ministries, Departments and Agencies (MDAs).
“We are here today again to look at how we can improve on the laws we make at the House of Assembly as well as our oversight functions.
‘Let’s continue to be dedicated and loyal and I am sure we will get there. Let’s always straighten the path for Lagosians and those coming behind us,” he urged.
In his opening remark, the Clerk and Head of Service of the House, Barr. Olalekan Onafeko, described the retreat as an avenue to have insights into the state’s budget.
While commending the Speaker, he urged the participants to “be attentive and take home fresh ideas and knowledge.”
Eromosele Ebhomele
Chief Press Secretary to the Speaker of the Lagos State House of Assembly.
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