By Innocent Anaba
The ongoing dispute over the ownership and control of Emerging Markets Telecommunication Service, EMTS, which is the holder and operator of 9Mobile Telecommunication licence has got messier as a Federal High Court sitting in Abuja resumed hearing in the suit.
Keystone Bank has brought a motion seeking to be joined as a party to the suite, a proposed statement of defence and counter-claim which discloses triable issues and also demonstrates applicant’s interest in the subject of this suit.
The bank in its counter-claim is seeking among other reliefs that the resolution of the 5th defendant passed on December 7, 2023, increasing the share capital of the 6th defendant to counter-claim from N90, 000,000 to N2, 000,000,000 and reducing the 3rd defendant’s percentage stake/interest/shareholding in the 6th defendant to counter-claim to approximately 4.5 percent is null and void.
The plaintiff, Abubakar Funtua had dragged General Theophilus Danjuma (retd) and his company LH Telecommunication Limited, as well as the other defendants to court over the ownership and control of EMTS trading under the name of 9Mobile.
The other Defendants are Seltrix Limited (sued as the 1st defendant), the Corporate Affairs Commission, CAC, Nigerian Communications Commission, NCC, Hayatu Hassan Hadeija, Teleology Nigerian Limited and one Mohammed Edewor, a Director in Teleology Nigeria Limited.
At the resumed hearing in the case, parties were confronted with a motion by Keystone Bank seeking to be joined as a party to the suit with a statement of defence, counter-claim and allegation of fraud against some parties in the suit No. /ABJ/CS/1971/2024.
The motion states among other things that: “The applicant, Keystone Bank, also intends to present a counter-claim and has prepared a proposed statement of defence and counter-claim which discloses triable and fecund issues and also demonstrates applicant’s interest in the subject of this suit.
“The case of the applicant, is that the resolution passed by the 3rd defendant on May 9, 2023, approving the change of control/ownership of the 5th defendant from the 3rd defendant to the 8th defendant, in violation of the facilities agreements (Deed of Share charge) between the applicant and 3rd defendant, and the orders of the court made on February 20, 2023, in suit No. FHC/L/CS/297/2023 is illegal, null and void.
“The case of the applicant, as set out in the proposed statement of defence and counter-claim, is that the resolution passed by the 3rd defendant on May 9, 2023, approving the change of control/ownership of the 5th defendant from the 3rd defendant to the 8th defendant, in violation of the facilities agreements (Deed of Share charge) between the applicant and 3rd defendant, and the orders of the court made on February 20, 2023, in suit No. FHC/L/CS/297/2023 is illegal, null and void.
“The applicant also asserts in the proposed statement of defence and counter-claim that the resolution of the 5th defendant passed on December 7, 2023, increasing the share capital of the 6th defendant to counterclaim from N90,000,000 to N2,000,000,000 and reducing the 3rd defendant’s percentage stake/interest/shareholding in the 6th defendant to counterclaim to approximately 4.5 perceent is null and void.
“The applicant intends to seek the following reliefs, endorsed on the proposed statement of defence and counter-claim, at the hearing of the case: “A declaration that the 1st defendant to counterclaim is not a shareholder, either directly or indirectly, of the 6th defendant to counterclaim.
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