Ownership Tussle: Court Bars Ekocorp Board from Meeting

Wale Igbintade

Justice Peter Lifu, of the Federal High Court in Lagos yesterday barred two firms, Ekocorp Plc and Goff Ohen Limited from holding any board meeting by either themselves, their agents, or privies pending the hearing and determination of the suit filed by Dr. Sunday Folorunsho Kuku.

Dr. Kuku is the sole surviving founding member and a director of Ekocorp, which owns the popular Eko Hospital in Ikeja, the Lagos State capital.

Justice Lifu issued the order of restraint sequel to an interlocutory injunction filed and argued by Dr. Kuku’s counsel, Mr. Tobe Nnamani.

The first to eighth defendants in the case are Ekocorp Plc, Goff Ohen Limited, Dr. Goff Ohen, Prof. Joseph Irukwu, SAN, Pastor Olurotimi Nathaniel, Mr. Olusegun Olusanya, Dr. George Okpagu, and Mrs. Joyce Modilim.

In granting the order, Justice Lifu stated that he was not unmindful of the running of the hospital’s affairs adding that the management is to see to the day-to-day affairs of the hospital during the pendency of the suit.

“I have perused the application for interlocutory injunction filed by the plaintiff in this case and the submissions of counsel to the applicant.

“In my humble view, the issue here is basically to preserve the res from being dissipated so that the decision, in this case, will meet the purpose. Consequently, this application is hereby granted as prayed against the first and second defendants’’.

“I can observe that only the first and second defendants were duly served. Awctivities of the board are hereby suspended during the pendency of this case.

“The literal interpretation is that there will be no meeting, no notice and gathering of board members in whatsoever capacity until this case is determined one way or the order’’, the court held.

Justice Lifu further held that for the balance of convenience, Dr. Kuku is to give an undertaking as to damages “should it turn out that this order ought not to have been made.”

He ordered that the case would be given an accelerated hearing and adjourned till December 6, 2021, for hearing.

Earlier counsel to 2nd and 3rd defendants Mr. Andrew Igboekwe SAN informed the court of a motion challenging the jurisdiction of the court to entertain the suit.

But, Justice Lifu described the motion as an attempt to arrest his ruling, having been filed after the case had been adjourned for ruling.

In a 36-paragraph affidavit in support of the Motion on Notice deposed to by Dr. Sunday Folorunsho Kuku, he stated that sometime in 1977, late Dr. Alexander Chukwuma Eneli, late Dr. Augustine Amaechi Obdiora and himself (jointly referred to as “founders”) co-founded the Ekocorp Plc (1st respondent) for the purpose of furthering their business in healthcare service.

He stated that the first respondent was successfully carrying out its objects until sometime in 2007 when it received investment from the 2nd respondent which has spilled into several litigations against the 1st respondent regarding the validity of the acquisition of the shares by the 2nd respondent.

He alleged that the respondents are taking positive steps, purporting to hold another Board meeting during the subsistence of the pending suit before the court.

He stated that the respondents would continue to take wanton acts and pass resolutions against his interest and in utter disrespect to the court’s jurisdiction while the action is pending if the court failed to grant the application.

He stated that if the application is not granted, it is very probable that irreparable damage would be done to the res (subject matter) pending the hearing and determination of the suit.

He further averred that the respondents would not be prejudiced by the grant of the application, and that he undertake to pay damages where it is discovered that the Court had granted this application in error.