The Managing Director of Suru Worldwide Ventures Nigeria Limited, Mr Edward Akinlade, has raised an alarm calling on Attorney-General of the Federation (AGF), Abubakar Malami to intervene in a case of abuse of court process and contempt of court against the Asset Management Corporation of Nigeria, AMCON.
This is contained in a letter written and signed by his lawyer, Mr Oyewole Olurin, urging the AGF should save the face of the judiciary by reprimanding AMCON to serve as a deterrent to others who may want to toe a similar line in future.
He said AMCON has no legal right to crystallize the deed of legal mortgage in its possession without fulfilling any of the ingredients to it as contained in suits: No: SC./1098/2019; CA/L/88/18 and FHC/L/CS/1059/16.
He wondered why the rush by AMCON to tamper with the res of the case as its appeal is already before the Supreme Court of Nigeria.
Mr Akinlade noted that if AMCON believed in the judiciary process, it should not be using officials of the Nigeria Police Force to intimidate people at his hotel and other properties. Its primary objective should be to pursue its appeal pending before the apex court in the land.
He emphasized that although AMCON’s Notice of Appeal is pending before the Supreme Court, the same does not stand as a stay of execution, Suru Worldwide Ventures, he insists, is still fulfilling compliance, while AMCON is in a selling spree of his client’s assets during litigation.
In the said judgement, suit No: FHC/L/CS/218/2014 between (AMCON and Suru Worldwide Ventures Nig Ltd) filed by AMCON, Justice Mohammed Idris of a Lagos Federal High Court, dismissed the AMCON application of indebtedness.
By the operation of law, the said order of dismissal is deemed accepted by AMCON having not appealed the same to date.
However, AMCON disregarded the judgement which made Suru Worldwide Ventures Nigeria Limited institute charges against AMCON in a suit number: FHC/L/CS/450/2011 before Justice Muslim Hassan of a Federal High Court sitting in Lagos.
The judge agreed with Suru’s prayers that: “by the decision of the Supreme Court, the law is settled that when a party seeks to re-litigate issues already decided upon, it amounts to an abuse of court process. Justice Hassan noted that the only option left for AMCON is to appeal that decision of the court.
Dissatisfied with the ruling of the court, AMCON approached the Court of Appeal to upturn the ruling of the lower court. However, the Appellate Court in its wisdom agreed with the ruling of the lower court.
The lead appellate Justice, Fredrick Oho in his judgement, said that there is no gain-saying the fact that AMCON’s appeal is moribund and lacks merit.
“It’s accordingly dismissed and the decision of the Federal High Court delivered on the 22 March 2018 in suit no; FHC/L/CS/450/2011, wherein the Court dismissed the AMCON counterclaims and upheld Suru’s motion seeking for injunctive orders to restrains AMCON from dealing with the properties which are the res of the suit of the lower court during the pendency of the suit is affirmed”
Suru Venture noted that this act of selling off all the items that are pleaded in the ongoing matter while the judgment has not been in their favour is criminal. According to Suru Venture, the recent onslaught by AMCON against the subsisting judgment pending AMCON appeal to the Supreme court was the depletion and vandalization of the res.
Suru Venture is therefore appealing to the AGF and Minister of Justice, Abubakar Malami to intercede in the ongoing murderous tendencies of AMCON towards disobeying a valid court order.
“This is a disrespect to your office and the legal sanctity of Nigeria which your office represents. If judgments are not obeyed by government institutions then what model are they laying for the citizens? That citizen should revert to jungle justice?”
Suru Venture enjoined the Minister to save the face of the Judiciary by reprimanding AMCON over the reign of impunity which has become excessive.
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