Nigeria: Justice Abang Went Beyond Our Brief, Says Ifeanyi Uba's Lawyer

ALLAFRICA.COM
THISDAY [03/02/13]

By Olaolu Olusina

The legal tussle between the Managing Director of Capital Oil and Gas Limited, Mr. Ifeanyi Uba, on the one hand, and Access Bank and Coscharis Motors Limited, on the other, has taken a new dimension.

Michael Swainston, Ifeanyi Uba's London lawyer, claimed Justice Okon Abang of the Federal High Court, Abuja went beyond the brief of his client.

Justice Abang had on Friday ordered Access Bank Plc 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.

But Uba's lawyer, Swainston, in a statement containing his argument to Mr. Justice Popplewell of London High Court of Justice, Queen's Bench Division, on pages 205-208, paragraph 2-5 said the following about Justice Abang's order:

"On 28 January, 2012, the Nigerian Court made various orders. Counsel for Capital Oil and Mr. Ifeanyi Uba sought preventive orders of Justice Abang to stop the London court process, in other words to maintain status quo. We are instructed that the judge went beyond the prayers of Ifeanyi Uba's motion finding criminal contempt because of Capital Oil's evidence in England, which in his (Justice Abang) views scandalised the Nigerian courts."

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.

What Justice Abang did not 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.

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.

The hearing of the substantive suit was adjourned till February 4.

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 Lagos 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.

Uba was arrested and detained by the police in connection with a N43 billion fuel subsidy fraud by the order of a Magistrate court sitting in Lagos. He was later released.

He was said to have committed the offences of economic sabotage, obtaining money by false pretence, stealing of N43.291 billion, property of the Federal Republic of Nigeria, money-laundering and forgery.