A Federal High Court, Abuja, on Wednesday, ordered parties in a suit filed by the Abuja Markets Management Limited (AMML) and its embattled Managing Director, Alhaji Abubakar Faruk, against the Abuja Investments Company Limited (AICL) and others to maintain a status quo until the next adjourned date.
Justice Ahmed Mohammed, in a ruling, gave the order after counsel to the claimants, Faruk Khamagam, and lawyer to Mr Abbas Yakubu (the 5th defendant), O.S. Emejulu, sought an adjournment to enable them respond to processes filed appropriately.
Justice Mohammed, who adjourned the matter until Aug. 24, said: “Parties in the suit should maintain a status quo.”
AMML and Faruk (1st and 2nd claimants) had filed an ex-parte motion marked: FHC/ABJ/CS/1035/2023 against AICL, Federal Capital Territory Administration (FCTA) and the Permanent Secretary of FCT as 1st to 3rd defendants respectively.
Also joined in the motion include Mr Abubakar Sadiq Maina, Engr. Mohammed Abbas Yakubu, and Corporate Affairs Commission (CAC) as 4th to 6th defendants in a suit dated and filed on August 8.
The claimants, in the motion moved by their lawyer, Emmanuel Omoisu, on Aug 10, prayed the court for four orders, including an order of interim injunction restraining the defendants or their agents from taking any step in giving effect to the purported reappointment and filling of the particulars of Mr Onya Ojiji as company secretary of AMML pending the hearing and determination of the counterpart motion on notice.
They also sought an order of interim injunction restraining Mr Ojiji from parading himself as AMML secretary.
Besides, they sought an order of interim injunction restraining the defendants or agents from altering the records of the company maintained at the CAC, “either by way of changing the name of the AMML, altering the shareholders or directors or any other structure or identity of the 1st applicant (AMML) from the way it was before the filing of this suit.”
The claimants, then, prayed for an order of interim injunction directing parties to maintain the status quo ante, in the constitution of the board of directors and the general management and business affairs of the 1st applicant, prior to the filing of the suit.
Justice Mohammed had directed the defendants to appear before the court in the next adjourned date (today) to show cause why the interim orders of injunction should not be granted.
The judge, who ordered that the motion on notice and the originating summons be served on all defendants, directed the parties to maintain status quo ante bellum till next adjourned date (today).
Upon resumed hearing on Wednesday, after Khamagam announced appearance for the 1st and 2nd claimants, drama, however, ensued in the court following Emejulu’s announcement of appearance for 1st claimant and 5th defendant (AMML and Engr. Yakubu) at the same time.
Justice Mohammed, who wondered why a lawyer would appeared for a claimant and a defendant in a suit, described the counsel’s action as grossly unethical.
All efforts by Emejulu to offer explanation was rebuffed by the judge.
Then Abdusallam Saleh, who represented AICL and its Group Managing Director, Mr Maina (1st and 4th defendants), stood up to give reason Emejulu made the announcement but Justice Mohammed also frowned at his reaction.
“Have you ever appeared in my court before,” the judge asked. Yes my lord. I have appeared on several occasions and got many judgments, even four were against me,” Saleh responded.
Emejulu later decided to announce appearance for the 5th defendant, Mr Yakubu, who was appointed as acting MD of AMML solely by Maina (4th defendant), following the redeployment of Alhaji Faruk out of the AMML by the ex-Minister of FCT, Mohammed Bello.
The decision was, however, nullified by a sister court presided over by Justice Donatus Okorowo in a judgment delivered on July 10.
At Wednesday sitting, Khamagam informed that based on the court order, the defendants were served on Monday and only the 1st and 4th defendants filed affidavits to show cause while the 2nd, 3rd and 5th defendants filed preliminary objections.
The lawyer, who indicated his intention to file his responses to the affidavits to show cause and the preliminary objections, prayed for an adjournment.
Saleh also sought an adjournment on his client’s behalf to enable him file an affidavit to show cause since he was within time to file.
Meanwhile, while Justice Mohammed was delivering the ruling for adjournment, Saleh stood up and cut in just when the judge made a pronouncement on an order for parties to maintain status quo.
Mohammed, who condemned Saleh’s action, said he would not tolerate such misconduct any longer.
CAC was not represented in court.
(NAN)
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