The Supreme Court yesterday affirmed the judgement of the Court of Appeal nullifying the takeover of the landed property of Suru Worldwide Ventures Nigeria Limited by the Asset Management Corporation of Nigeria.
A Federal High Court in Lagos had ordered the takeover of the company’s property by AMCON for not paying the loan obtained from the defunct Oceanic Bank.
This followed a suit by AMCON praying the court to order security agencies to offer it protection to enable it to exercise its possessory rights as a legal mortgagee under the Deeds of Legal Mortgage, over Suru Worldwide Ventures Nigeria Limited’s landed properties.
But Suru Worldwide Ventures Nigeria Limited appealed against the judgment on the grounds that it was denied a fair hearing because it was not joined as a defendant.
The appellate court, in a lead judgment by Justice Ugochukwu Ogakwu, held that the failure of AMCON to join Suru Worldwide Ventures Nigeria Limited as a defendant in its suit before the Federal High Court rendered the proceedings leading to the takeover order nullity.
The court also ordered that the matter be returned to the Federal High Court for a fresh hearing
…Dismisses FG’s Appeal Against Orubebe’s Acquittal
The Supreme Court has dismissed the appeal filed by the federal government against the acquittal of a former Niger Delta Affairs Minister, Godsday Orubebe, over allegation of breach of Code of Conduct for pubic officers.
The apex court in its judgement said the appeal was incompetent.
In the lead judgement prepared by Justice Mohammed Lawal Garba, but read by Justice Emmanuel Agim, the court held that the appellant failed to obtain the prior leave of the court before filing the appeal, which was based on grounds of mixed law and facts.
It held that since the prior leave of court was not obtained as required, the appeal was incompetent and proceeded to dismiss it.
The government’s appeal was against the judgement of the Court of Appeal, Abuja, which had set aside Orubebe’s conviction on October 4, 2016 by the Code of Conduct Tribunal (CCT) for breach of Code of Conduct for public officers.
The Federal Government had in a single-count charge, accused Orubebe of failing to declare a property at Plot 2057, Asokoro District, Abuja, in any of the asset declaration forms which he submitted to the Code of Conduct Bureau (CCB) while serving as a minister.
Orubebe denied the allegation, claiming to have sold the property before becoming a minister and, therefore, found no need to declare same as part of his assets.
