BusinessLegal/Judiciary

Alleged unlawful eviction: Stanbic/IBTC Bank, SAN, others dragged to court

Wale Akoni (SAN)

•As oil firm demands $8.2 m, N81,040 m compensation

By Francis IWUCHUKWU

A Senior Advocate of Nigeria, SAN, Wale Akoni, alongside three others have been dragged before Justice Ambrose Allagoa of a Federal High Court sitting in Ikoyi, Lagos, Nigeria, over alleged unlawful eviction from its property located at Block 36, Admiralty Way, Lekki Phase 1, Lagos State.

The SAN alongside others were dragged before the court by an oil company, ASCON Oil Company Limited, which insisted that the defendants committed the alleged infraction without a subsisting court order at the dead hour of May 15, 2021.

Aside from Akoni, other respondents in the suit designated FHC/L/CS/61/2021 are; Rain Oil Limited; Stanbic/IBTC Bank Plc and the Inspector-General of Police, IGP.

In its Originating Summons, ASCON is seeking an order directing and compelling Akoni (SAN) to hand over the assets and facilities of the Petrol filling Station located at Block 36, Admiralty Way, Lekki Peninsula Scheme 1, Eti-Osa Local Government Area of Lagos State, for the term of the lease agreement to the Plaintiff.

Alternatively, the oil firm is requesting for an order directing and compelling Akoni (SAN) to pay the sum of $8. 2 million obtained by the defendant from it to discharge the trading facility of $8 million obtained from Stanbic/IBTC Bank Plc using its Petrol station at Block 36, Admiralty Way, Lekki Peninsula Scheme 1, Eti-Osa Local Government Area of Lagos State as collateral by the deposit of the Title Deed of the Petrol Station.

The oil firm is further praying for, “An order stating that the plaintiffs are in the eyes of the law, still in possession of the filling station at Block 36, Admiralty Way, Lekki Phase 1, from August 5, 2020, till date.

“An order directing the 1st to 3rd defendants jointly and severally to pay the sum of N1.4 million daily, from August 6, 2020, till possession is restored to the plaintiff, being the average daily sales and receipts from the filling station.

“An order awarding damages against the 4th defendant in the sum of N40 million, for his unconstitutional, unlawful and brazen invasion of the plaintiff’s property at Block 36, Admiralty Way, Lekki Phase 1, at about 1200am and the eviction of the plaintiff and staff therefrom.

“An order awarding damages of N20 million, against the 1st defendant for breach of his statutory duties in relation to the plaintiff and his unlawful Invasion of the plaintiff’s property and eviction therefrom with the active collusion and support of the 4th defendant.

“Awarding damages of N20 million against the 1st defendant (Akoni) for the breach of his statutory rights in relation to the plaintiff and his unlawful invasion of the plaintiff’s property and eviction therefrom with the active collusion and support of the 4th defendant.

“An order directing the 1st defendant to furnish the plaintiff with the statement of affairs of the filling station when he took over, an abstract of all monies received by him in respect of the petrol station while in possession of same, evidence of the sale of the petrol station to the 2nd defendant.

“An order directing the 3rd defendant to immediately deliver to the plaintiff the statement of account of the plaintiffs account with it from the date of drawdown of the two facilities till the date of the ruling in this matter.

“An order restraining the defendants jointly and severally from harassing, intimidating, arresting or causing the arrest of the Plaintiff and/or its staff in respect of all issues relating to their ownership and possession of the filling station at 36, Admiralty Way, Lekki Phase 1, Lagos, forthwith.”

However, Wale Akoni (SAN) and Stanbic/IBTC Bank, in their preliminary objection to the suit, prayed the court for an order dismissing the Plaintiff/Respondent’s suit in its entirety for being incompetent and an abuse of court process.

Further hearing on the matter has been adjourned till November 29, 2021.

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