Akin Kuponiyi
A Lagos-based Nigeria businessman, Mr Tijani Babaunde Folawiyo, has filed an application before a Federal High court sitting in Lagos south west Nigeria. He was seeking an order of the court to set aside or discharge in its entirety, the order of the court made exparte against him by the court on the 24th of March 2022.
He is contending that he is not owing AMCON.
The presiding Judge, Lewis Allagoa, made the order against Mr. Folawiyo in a suit filed by the Asset Management Corporation of Nigeria (AMCON) over alleged unpaid debt of N727.9 million owed by a company Compagnie Generale de Logistique,in which Mr Tijani Babatunde Folawiyo was alleged to be a director.
However in an application filed before the court by a Lagos lawyer Funke Agbor SAN, Folawiyo stated that, by originating summons filed on 17th July,2020, AMCON filed this suit against Mr Babatunde Folawiyo based on the judgement of the court in suit FHC/L/C/207/17AMCON versus Companies General De Logistique Nigeria Limited and Mr.Alain Laurent Bolo delivered on 30th October,2017(previous suit)
In effect, the AMCON is seeking to enforce the judgment in the Previous Suit against him as expressly admitted in paragraphs 19-21 of the affidavit in support of the ex parte application filed by AMCON.
Mr. Folawiyo said he was not a party to the Previous Suit and was never served with the judgment in the said suit.
The ex-parte orders made against him by the Court on 24″ March 2022 in satisfaction of the judgment debt in the Previous Suit for which he was not a party and was never served with the judgment.
The judgement in the previous suit cannot be enforced against him or form a legal basis for exparte orders made by the court against him.
Contrary to representations made by AMCON Mr. Folawiyo said he was not a Director of Compagnie Generale De Logistique at the time of the Previous Suit and was not in any way connected to the loan transaction with Spring Bank consequent upon which judgment was obtained in the Previous Suit.
Consequently, he is not a “Debtor” within the contemplation of Section of 61 of the AMCON Act as to warrant the interim order made against him on account of the judgment in the Previous Suit.
Mr. FOLAWIYO further stated that a combined reading of Sections 49(2), 50(2) and 61 of the AMCON Act would reveal only current directors of a company fall within the definition of “Debtor” as to warrant the freezing of their assets or accounts.
AMCON failed to disclose or suppressed material facts about his status in Compagnie Generale De Logistique company, the principal judgment debtor in the Previous Suit.
As admitted by the AMCON he is not a shareholder or director of UER Petroleum Trading Nigeria Limited and has no connection howsoever with the company.
In commencing this suit, AMCON failed to comply with the condition precedent in Order 3 Rule 7(d) of the Federal High Court (Asset Management Corporation of Nigeria, AMCON) Rule, 2018 (“AMCON Rule”) which requires an Applicant to mandatorily file an affidavit of non-multiplicity of action. This suit is incompetent, At the time the ex-parte order made by the Court, the originating summons filed by AMCON had not been served on him.
Consequently, the originating summons has become invalid and thereby renders the suit incompetent.In addition the court lacks jurisdiction to make the interim orders of 24th of March,2022.
The exparte order were obtained malafide against him and therefore constitute an abuse of court process.
Consequently he is urging the court in the interest of Justice to grant this application and set aside the order made against him.
Tunde Folawiyo is the son and heir to the late Nigerian Businessman and philanthropist, Alhaji Wahab Iyanda Folawiyo. He was a wealthy merchant beginning from the colonial era. He was known for funding , building orphanages and sponsoring local sports championships.