N2b judgment debt: Court summons NATCOM acting DG Adegbenro
A Lagos State High Court sitting at Ikeja, Lagos has summoned the acting Director-General, National Commission against the Proliferation of Arms, Light Weapons and Pipeline Vandalism, NATCOM, Mr. Adejare Adegbenro to appear before it following his failure to liquidate an alleged judgment debt.
Adegbenro according to the summons, the 3rd judgment debtor in a N2,016228,442.95 debt owed to the judgment creditor, Fundquest Financial Services Ltd.
Trial judge, Justice Akinkunmi Idowu issued the summons in a November 8, ruling following an application by Fundquest Financial Services through its lawyer, Mr. Adetunji Adedoyin-Adeniyi.
The judge adjourned till December 4, for further proceedings in the matter.
The summons reads in part: “The Judgment Creditor obtained a judgment against the above named 3rd judgment Debtor in this court on July 5, 2021, for:
“The sum of N1,033,800,276.46 against the 1st and 2nd Judgment Debtors being the amount outstanding and unpaid, as at November 30, 2020, by the 1st & 3rd judgment debtor in respect of the Institutional Note Issuance/Commercial Paper Facilities in the sum of N405, 000,000, availed to the 1st judgment Debtor vide the Judgment Creditor’s offer letter of 27 April 2017 and guaranteed by the 3rd judgment debtor.”
Other sums mentioned as comprising the N2,016228,442.95 debt include N418,326,446.11 and N594,101,720.38.
Justice Idowu added that the sums “Be attached together with interest at the contractual of 30 percent per annum from November 30, 2020, until July 5, 2021, and thereafter, at 20 percent per annun till the day the whole outstanding judgment debt is finally liquidated as per the summary judgement of this court.
“And whereas default has been made in the payment of the judgment debt of N2,812,781,833.87 payable in pursuance of the said judgment and the judgment Creditor has required the judgment summons to be issued against you the 3rd Judgment Debtor- Mr. Adegbenro.
“You are, therefore, summoned to appear personally in this court, to be examined on oath touching the means you have or have had since the day of the said judgment, and also to show cause why you should not be committed to prison for such default.”
In its July 5, 2021, judgment, the court then presided over by Justice Taofiquat Oyekan-Abdullahi, granted a Mareva Injunction restraining “all commercial banks in Nigeria” from releasing all monies/assets due to two firms and two persons including Adegbenro from all accounts up to N2,016228,442.95, pending the determination of the motion on notice.
The firms and the persons are Balmoral International Ltd, DDSS International Company Ltd and Mr Adegbenro being first, second, third and fourth defendants respectively.
The suit, marked, LD/ADR/3462/2021, was filed by Fundquest Financial Services Ltd.
Justice Oyekan-Abdullahi, who upheld Fundquest Financial Services’ application, further restrained the four defendants, including the 1st and 2nd defendants’ directors or agents, from transferring or dealing with their funds in the banks up to N2,016228,442.95.
The judge also restrained the defendants from tampering with any of the 1st to 4th defendants’ “properties that can be traced and located by the claimant/applicant during the pendency of this suit.”
“The fourth prayer is granted subject to the fact that the banks who have no funds shall do a letter to court/claimant counsel, while those with funds shall comply with an affidavit of compliance on or before the seven days once they are served.”
