Commercial Law

Court fixes March 23 for hearing in suit involving OBJ’s former aide, Green Energy Int’ Ltd

By Olalekan Awojodu

Abuja

The Federal High Court Abuja Tuesday, fixed March 23 for commencement of hearing in a suit filed against Green Energy International Ltd and its Chairman, Prof. Anthony Adegbulugbe, by two estranged directors, Dr Bunu Alibe and Mr Ayo Olojede seeking N250 million damages.

The date was fixed after the trial Judge had taken taking arguments from counsel to parties in the suit.

Meanwhile, due to the inability of counsel to the petitioner, Alade Agbabiaka, SAN, and the respondents’ lawyer, A. B. Anachebe, SAN, to regularise their processes for mention, Justice Ojukwu had to adjourn the matter

Thegavel.com.ng earlier reported that Dr Bunu Alibe and Mr Ayo Olojede had, in a motion on notice marked: FHC/ABJ/PET/20/2020 filed by their counsel, Alade Agbabiaka, listed the company and Adegbulugbe as 1st and 2nd respondents respectively.

The duo had in the suit via a petition, accused Adegbulugbe of series of corporate misdemeanors, including unilateral usurpation of executive responsibilities, contrary to the provisions of the Companies and Allied Matters Act (CAMA), 2020 and the Company’s Articles.

They claimed that they were unlawfully removed by the chairman of the company they jointly nurtured to fruition.

The applicants averred that such decision was contrary to the provisions of CAMA, 2020 and the organisation’s Article of Association.

When the matter was called on Tuesday, Agbabiaka informed the court that a petition dated Nov. 24, 2020 was filed and served on the respondents and that they had responded with two processes.

“We also filed along with the originating process, two interlocutory processes. The first one is dated and filed Nov. 27, 2020.

“And the second one is dated Nov. 25 and filed Nov. 26, 2020,” he said.

The lawyer then asked for consolidation of the processes with the suit marked: FHC/ABJ/CS/1390/2020 filed by the company against the petitioners which was already before the court.

However, counsel to the respondents, Anachebe objected to Agbabiaka’s submission.

Anachebe in his arguments insisted that they had not been properly served with the petitioners’ processes.

He urged the court not to fixed a date for commencement of the matter until the respondents were properly served.

But not convinced by the arguments, Justice Ojukwu went ahead and fixed March 23 for the petitioners and the respondents to regularised their processes.

Recalled that when the sister case came up on Dec. 10, 2020, it was fixed for Feb. 10 for continuation of hearing by Justice Ojukwu.

Alibe and Olojede, in the petition, sought “an order of interlocutory injunction, restraining the 1st and 2nd respondents whether by themselves or by their servants, agents, privies or any of their subsidiaries of how-whatever from giving effect to, taking steps or doing any acts on the basis of the resolutions taken or arrived at or purportedly made at the Annual General Meeting of the 1st respondent company which was held on the 12th of November, 2020, pending the hearing and final determination of the petition filed herein.

“Order of interlocutory injunction restraining the 1st and 2nd respondents whether by themselves or by their servants, agents privies or any of their subsidiaries of how-whatsoever from publishing, filing , enforcing or registering any and or all resolutions purportedly moved or passed at the said Annual General Meeting which was held on the 12th November, 2020, at the Corporate Affairs Commission, Abuja, or any other authority or organisation, pending the hearing and final determination of the petition filed herein.

“Order of Interlocutory Injunction restraining the 1st and 2nd respondents whether by themselves or by their servants, agents, privies or any of their subsidiaries of howsoever from preventing and or denying the 1st and 2nd petitioners/applicants all rights, entitlements, privileges, benefits and or emoluments due to them from the 1st respondent as Executive Director, Technical and Executive Director, Sustainable Development respectively of the 1st respondent, pending the hearing and final determinations of the petitions filed herein. “

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