Access bank petitions CJN over ruling on Uba's case

Access Bank Plc has petitioned the Chief Justice of Nigeria (CJN), Justice Mariam Aloma Mukhtar, over the ruling of Justice Okon Abang of the Federal High Court in the suit FHC/L/CS/ 1268/12.

The suit is between the bank, Coscharis Motors Ltd and the Managing Director of Capital Oil and Gas Limited, Mr. Ifeanyi Uba.

The bank in the petition dated February, 2013 and signed by its Secretary, Sunday Ekwochi, accused the judge of descending into the arena in the matter and exhibiting bias.

The bank urged the CJN to investigation the conduct of Justice Abang in the matter and promised to supply her with all the necessary documents to support the bias of the judge in the case.

It noted that though it has unqualified faith in the country’s judicial system, the judiciary should be strengthened when biased and intemperate judges like Justice Abang are called to order by the National Judicial Council (NJC). “We are constrained to bring to your lordship’s and indeed the NSC’s attention the wholly indefensible orders that were made against Access Bank Plc and its officials in the ruling of Justice Okon Emmanuel Abang of the Federal High Court sitting in Lagos in the above-numbered suit.

The enrolled order of the court of 28 January is most confounding and betrays extreme bias against Access Bank and its officials by Justice Abang in favour of the plaintiffs in the suit.

“It is our contention, with great respect and profound sense of responsibility, that the 28/01/13 FHC order indeed places a huge and most regrettable question mark on the judicial competence of Justice Abang and his sense of fairness and justice,” the petition stated.

Justice Abang had last Monday ordered Access Bank to withdraw within 48 hours all court processes filed before a London court against Uba.

The judge had also ordered that the court order obtained by Access Bank should not be enforced in Nigeria, saying the action had ridiculed the country’s judiciary.

Justice Abang had condemned Access Bank Plc and Coscharis Motors Ltd for undermining Nigeria’s judiciary by obtaining an order from a London Court, which violates an existing order of the Nigeria court.

Justice Abang had ruled based on the argument canvassed by Chief Wole Olanipekun (SAN), leading another Senior Advocate of Nigeria (SAN), Lawal Rabana and 16 other lawyers on behalf of the plaintiffs.

What the judge did not however disclose was that Access Bank and Coscharis Motors went to the London Court to seek justice well before Ifeanyi Uba and Capital Oil took their case to Justice Abang’s court.

The London High Court of Justice, Queen’s Bench Division, had placed a worldwide order (Mareva injunction) against the assets of Uba and his company, Capital Oil and Gas Industries Limited in November last year.

The order by the UK court, which was granted sequel to an application by Access Bank Plc, was aimed at preserving the assets of the respondents pending the determination of the suit brought before it by the bank.

The bank had alleged that Uba and his company had fraudulently diverted the petroleum products it financed under the joint venture agreement between Capital Oil and Coscharis Motors Limited.

Also restrained alongside Uba and Capital Oil and Gas Industries Limited, were Rofos Navigation Limited, Xifias Navigation Limited, Heli Navigation Limited and Tutbury Maritime Limited.

In November last year, a Federal High Court sitting in Lagos had restrained Access Bank Plc and Coscharis Motors Ltd from interfering with properties belonging to Capital Oil and Gas Ltd and its CEO, Uba, pending the determination of a suit filed by the plaintiffs.

Ubah and his company had challenged the worldwide order (mareva injunction) by the English court on November 9 last year, freezing assets worth $133.5 million belonging to the party in England and Wales.

This order was said to be contrary to an order made by the Federal High Court, reportedly issued on the same day, restraining the other party from “interfering with the applicants’ properties and/or business interest, pending the final determination of this suit.

Culled from ThisDay  Newspaper.