Justice

By Akin Kuponiyi

A Federal high court sitting in Lagos south west Nigeria has adjourned till 30th of November,2020,the bankruptcy suit filed against two Lagos businessmen, Adesubomi Adesupo and Adelore Adebayo Ahmed by First bank of Nigeria Limited.   The bank’s petition was premised on judgement sum of N289. 9 million obtained by the bank against the two debtors.

In a  petition filed before the court on behalf of First bank by a Lagos lawyer, Barrister Opeyemi Adekoya from the law firm of Ade Oyebanji, the bank alleged that the debtors within six months before the presentation of this petition committed the following acts of bankruptcy

Refused or are unable to repay the judgment debt contained in the Judgment delivered against them on the 5th December,2017 in suit FHC/L/CS/1572/2016.

There is presently left unsatisfied a judgement sum of N289.9 million plus interest thereon at the rate of 10% per annum from the day of 5th December,2017 till total liquidation of the judgment debt.

The Judgement debt is in respect of credit facilities granted by First bank to Fincon Nigeria Limited on the 17th of June 2014. Two directors Adesubomi Adesupo and Adelore Adebayo Ahmed executed personal guarratees dated 19th June,2014 as security for the credit facilities.

They have failed to pay the debt upon the expiration of the tenor for the loan facility secured by the personal guarantee despite several demand letters served on them.

Consequently the bank seeks from the court the following reliefs:

An order declaring the two Judgement Debtors Bankrupt.

A consequential order empowering the bank to sell the Properties, pecuniary interest or other hereditaments (any kind of property that can be inherited) of the debtors wherever they may be found either by private treaty or by public auction to be published in two widely read Nigerian Newspapers.

An order permitting the bank to apply the procceds from the sale of the debtors properties, pecuniary interest or other hereditaments wherever they may be found towards liquidating their indebtedness to the bank.

In a judgement delivered by a Federal high court sitting in Lagos south west Nigeria on the 5th  of December,2017 the court  ordered a limited liability company, Fincon Engineering Nigeria Limited and two of its Director Adesubomi Adesupo and Adelore Adebayo to pay the sum of N289.9 million being the amount of debt it owes First Bank of Nigeria Limited.

The order of the court was as a result of an application filed before the court, by a Lagos lawyer, Barrister Ade Oyebanji, urging the court to issue a summons on the defendants asking the court to enter the suit for hearing under the undefended list and marking it accordingly. The presiding Judge Saliu Saidu acceded to the request of the bank consequently the writ of summons and the court order were served on the defendants.

The case of First bank limited was that on the 17th of May,2014,the Fincon Engineering Nigeria Limited company applied for a contract finance facility from First Bank Limited to assist the company to purchase/contract order of USD345,000 issued to the company by Ericsson Nigeria Limited, the bank granted the company co joined credit facilities in the sums of N42,492,052.00,N33,944,064 ,and N187,542,618.75.

The company by letter of undertaking dated the 18th of June, 2014.did undertake to deposit a minimum of 30% of the cost of execution of the contracts as equity contribution before each draw down of the facility.

Upon the company ‘s unremitting default and inability to liquidate its indebtedness the bank caused a demand letter to be served on the company, the said letter was duly received and acknowledged and the company expressly admitted its indebtedness via a letter dated 3 December, 2015 but has always failed to make good its obligation in the contract facility.

As a result of the company’s inability to fulfill its obligation to the bank, the indebtedness of the company as at 2nd March, 2016.stood at N289,983,113.95 as interest continues to accrue.

The bank has taken various steps with view to ensuring that the company paid its debt but all efforts have proven abortive as the company has willfully refused to pay the debt.

Adesubomi Adesupo and Adelore Adebayo Ahmed guaranteed the loan facilities obtained by the company, consequently the bank claims jointly and severally against the defendants are for:

(a)N289,983,113,as at the 2nd of March,2016.

(b) Interest on the said sum from the date of judgement at the rate of 10% per annum till the full liquidation of the judgement debt.

In his judgement, the presiding judge Saliu Saidu, said based on the unchallenged evidence before the court and the letter of acknowledgement of indebtedness written by the defendants to the bank I hereby grant as follows: N289,983,113.95 only being the sum due to the bank arising from the credit facilities granted to the defendant.

Interest on the said sum of N 289,983,113.95 only from the date of judgement at the rate of 10% per annum till the full liquidation of the judgment debt.