Nigeria: Amcon Appeals Against Ruling On Bi-Courtney

FOR the fact that Justice Ibrahim Buba of a Federal High Court, Lagos, granted the oral application of lawyers to the Bi-Courtney Group, among others, without such application being fixed for hearing, the Assets Management Company of Nigeria (AMCON) has appealed against the order.

More so, Buba's orders setting aside Abang's orders were made without jurisdiction, as it was trite that a court cannot grant prayers not sought by any of the parties before it.

The order made on Monday discharged an earlier one by Justice Okon Abang on September 22 empowering the agency to take over the assets of Bi-Courtney Group, thereby vacating the receivership, possession and freezing orders made on them over an agreed N50 billion debt.
Justice Abang had equally approved the appointment of a former President of the Nigerian Bar Association (NBA), Olisa Agbakoba, as receiver/manager over Bi-Courtney assets, including the Murtala Mohammed International Airport Terminal 2.

Upturning the orders, Justice Buba held that they were made in the face of previous orders and suits in respect of the subject matter, therefore amounted to abuse of court process.

However, AMCON, through its counsel, Agbakoba, filed a notice of appeal on four grounds. He argued that Buba erred in law and misdirected himself when he heard and granted the oral application of lawyers to the Bi-Courtney Group without such application being fixed for hearing.

He noted that Part XIV of AMCON Practice Directions 2013 was clear that all applications other than a simple application must be filed and served on each party before hearing.