A member of the Supreme Court panel, Emmanuel Agim in, in his lead judgement, dismissed the appeal brought to it by AMCON and affirmed the lower court’s decision to halt the company’s takeover and ordered a new hearing at the High Court.

“I find no merit in this appeal. The judgement of the court of appeal is hereby affirmed,” Mr Agim declared.

The Court of Appeal had in a lead judgement by Ugochukwu Ogakwu, held that the failure of AMCON to join Suru Worldwide Ventures Nigeria Limited as a defendant in its suit before the Federal High Court rendered the proceedings leading to the takeover order nullity.

The court also ordered that the matter be returned to the Federal High Court for a fresh hearing.

The Federal High Court in Lagos had ordered the takeover of the company’s property by AMCON for not paying the loan obtained from the defunct Oceanic Bank.

AMCON had prayed the court to order security agencies to offer it protection to enable it to exercise its possessory rights as a legal mortgagee under the Deeds of Legal Mortgage, over Suru Worldwide Ventures Nigeria Limited’s landed properties.

But Suru Worldwide Ventures Nigeria Limited appealed against the judgment on the grounds that it was denied a fair hearing because it was not joined as a defendant.

(NAN)