Court Stops Police from Arresting Firm’s MD, Directors
Wale Igbintade
A Federal High Court in Lagos yesterday restrained the Inspector-General of Police (IGP), Force Criminal Investigation Department (ForceCID), and the Assistant Inspector-General of Police (AIG) Zone 2 Command, Onikan, Lagos, from further inviting, harassing, arresting, interrogating or detaining the officials and directors of a limited liability company, Ladgroup Limited,
The court also restrained one Prince Babatunde Adedapo Onafowokan from instigating any other security agencies to invite, harass, arrest, interrogate or detain the officials, directors of the company.
Justice Abimbola Awogboro, who issued
the order sequel to a motion filed and argued by the counsel to the applicants, Adetunji Adedoyin-Adeniyi, further held that the orders subsist till the hearing and determination of the motion on notice filed by the applicants against the IGP, DIG, DIG and Prince Onafowokan in a suit marked FHC/L/CS/717/2022.
Justice Awogboro, however, ordered the applicants to file an undertaken, as to damages, if it turns out that the orders made ought not to have been granted.
The Judge adjourned further hearing to May 9, 2023, and returns the file for proper assignment.
Applicants in the fundamental rights enforcement suit are: LADgroup Limited; Mr. Robert Ogirri; Mrs. Bolaji Christiana Oluwayemisi; Mr. Toyin Alimi; Mr. Chukwunonso Okeke; Mr. Kemi Odunsi, and Mr. Keshi Afegbua.
The applicants in an affidavit of 56 paragraphs deposed to by Chukwunonso Okeke stated that the fourth respondent, who is the founding shareholder of the first applicant, has been lodging unsubstantiated petitions to the police against the company and its management staff.
He stated that the fourth respondent and his wife, Mrs. Victoria Abimbola Onafowokan, were the only subscribers and shareholders of the company, and
have been managing its affairs when it was incorporated.
The deponent stated that in the course of the company’s business operations and due to its gross mismanagement and paucity of funds to pilot the affairs of the company, the fourth respondent was left with no other option than to divest his shareholding in the company.
He added that in the course of the fourth respondent divesting the shares in the company, a Mauritius company ably represented in Nigeria as Sahel Capital Agribusiness Managers Limited under the name of “Fund for Agricultural Finance in Nigeria’, invested the sum of $8.2 million in the company, which made “Fund for Agricultural Finance in Nigeria (FAFIN) the majority shareholder with 113,538,462 preference shares, and same was represented in the Form CAC 2A dated March 19, 2020, and accordingly registered with the Corporate Affairs Commission (CAC).
Chukwunonso stated that before the investment made by Fund for Agricultural Finance in Nigeria, Ladgroup was managed by the first son of the fourth respondent for 12years, wherein the company was allegedly improperly managed to the extent that its debt profile was in the sum of $ 6,854,062, owed to the Nigeria Export “Import Bank (NEXIM Bank).
He stated that it was as a result of the colossal mismanagement of funds and resources coupled with gross operational breakdown of the company that Fund for Agricultural Finance in Nigeria bought into it as the majority shareholder so as to resuscitate the ailing affairs of the company.
Chukwunonso averred that a board meeting was held by the company’s Board of Directors, wherein the fourth respondent’s son (Mr. Adekunle Onafowokan) resigned from the Board of Directors of the company, and was immediately replaced by Mr. Tunde Bajela in the said board accordingly.
He added that upon the resignation from the board and retirement of Mr. Adekunle Onafowokan as the managing director in August 2020, Robert Ogirri was appointed as the chief executive office from December 1, 2020, to pilot the company’s affairs towards a positive turnaround of its dwindling fortunes; while other management officers of the company were equally replaced in line with the due process of the law.
Chukwunonso stated that he and the second, fourth, sixth, and seventh applicants as the management staff of the company have been piloting the affairs of the company in line with international best practice and standard expected of a corporate entity such as the company.
On the applicants’ invitation and arrest by first to third respondents, the deponent stated that they were surprised to be invited to the office of the fourth respondent over a petition dated March 14, 2022, written by an anonymous staff of the company, wherein some unsubstantiated allegations were levied against them.
Chukwunonso stated that the officers of the first to third respondents had earlier invited the applicants vide a letter dated March 16, 2022, to its office to answer questions on the faceless petition dated March 14, 2022, wherein certain allegations were levied against the management of the company.
He stated that the third respondent has further disrupted the activities of the
company by harassing and hounding the second, fourth, sixth, seventh applicants with needless invitations.
Chukwunonso stated that on April 12, 2022, while the applicants were having management meeting, the officers of the first to third respondents acting on instruction of the fourth respondent came into the factory of the company situate at Ikenne-Remo, Ogun State, in their usual commando-style operations to once again disrupt the activities and business operations of the company, as well as arrest the applicants without any arrest warrant or any formal invitation.
The deponent stated that the actions of the respondents have caused him and other applicants colossal damages from the moment the officers of the first to third respondents arrested them without following due process of law.
He stated that except the respondents are restrained, the right of the applicants and that of its officers and agents will continue to be infringed upon as a result of the unlawful harassment, work distraction, psychological trauma to which he and other applicants were subjected to.
