A Lagos businessman Mr Patrick Illo has renewed his request of
transfering his case pending before a Lagos Federal high court judge
Rilwan Aikawa to another judge by a petition sent to the
Chairman,National Judicial council. NJC
transfering his case pending before a Lagos Federal high court judge
Rilwan Aikawa to another judge by a petition sent to the
Chairman,National Judicial council. NJC
Mr Illo’s lawyer Barrister Gboyega Oyewole SAN had earlier filed an
application before the court accompanied by affidavit sworn to by Mr
Illo seeking the order of the court referring the suit instituted
against him and his company Petrocam Trading Nigeriay Limited by Union
Bank of Nigeria to the Chief Judge of the Federal high court for
reassignment to another Judge of the Federal high court.
application before the court accompanied by affidavit sworn to by Mr
Illo seeking the order of the court referring the suit instituted
against him and his company Petrocam Trading Nigeriay Limited by Union
Bank of Nigeria to the Chief Judge of the Federal high court for
reassignment to another Judge of the Federal high court.
The petioners are alleging likelihood of bias.
In the latest petition dated 8th of August, 2018,written to the
Chairman National Judicial council, NJC following an earlier Petition
written to NJC dated 7th of May,2018.The Petitioner alleged that upon
the exfluxion of 14 days of the order made by the court frozen their
accounts,rather than adjourned for a brief period because of far
reaching nature of the order, his lordship adjourned for 7weeks,After
filling an application to discharge the order which render the order
spent, several of their bankers have so far held on to their funds
thereby rendering their business comatose.
Chairman National Judicial council, NJC following an earlier Petition
written to NJC dated 7th of May,2018.The Petitioner alleged that upon
the exfluxion of 14 days of the order made by the court frozen their
accounts,rather than adjourned for a brief period because of far
reaching nature of the order, his lordship adjourned for 7weeks,After
filling an application to discharge the order which render the order
spent, several of their bankers have so far held on to their funds
thereby rendering their business comatose.
Consequently
their lawyer, Mr Gboyega Oyewole SAN was mandated to write to the Chief
Judge for the case to be transferred from Justice Aikawa on the ground
of likelihood of bias which was premised on an earlier petition written
against the judge to the National Judicial council, which was followed
by filling an application before the court to have the file referred to
Chief Judge for reassignment to another judge.
their lawyer, Mr Gboyega Oyewole SAN was mandated to write to the Chief
Judge for the case to be transferred from Justice Aikawa on the ground
of likelihood of bias which was premised on an earlier petition written
against the judge to the National Judicial council, which was followed
by filling an application before the court to have the file referred to
Chief Judge for reassignment to another judge.
However
the petitioner, alleged that it regrettable to inform the NJC that in
furtherance of the determination of Justice Aikawa to ruin their
business interest, after arguments were taken with respect to thier
application to have the matter referred to the Chief Judge of the
Federal high court for reassignment on 22nd June, 2018, Justice Aikawa
inspite of plea of their counsel for earlier ruling, the judge adjourned
the matter for three and half months 4th October, 2018 for ruling on
the pretex of the impending court vacation which was not due for
another three weeks from the date the motion was heard.
the petitioner, alleged that it regrettable to inform the NJC that in
furtherance of the determination of Justice Aikawa to ruin their
business interest, after arguments were taken with respect to thier
application to have the matter referred to the Chief Judge of the
Federal high court for reassignment on 22nd June, 2018, Justice Aikawa
inspite of plea of their counsel for earlier ruling, the judge adjourned
the matter for three and half months 4th October, 2018 for ruling on
the pretex of the impending court vacation which was not due for
another three weeks from the date the motion was heard.
The
petitioner Was suprised that in view of the petition pending sent to
NJC and other several petitions the court still needed three and half
months on whether to refer the matter back to the Chief Judge or not is
a confirmation of their earlier petition to NJC.
petitioner Was suprised that in view of the petition pending sent to
NJC and other several petitions the court still needed three and half
months on whether to refer the matter back to the Chief Judge or not is
a confirmation of their earlier petition to NJC.
Consequently the petitioner urged the NJC to investigate this matter.
Mr
Patrick Ilo and his company Petrocam Trading Nigeria Limited had
earlier filed an application before a Federal High Court in Lagos
urging the presiding Judge Rilwan Aikawa to refer the suit filed against
them by Union Bank of Nigeria Plc to the Chief Judge of the court for
reassignment to another judge of the court in the Lagos Division.
Patrick Ilo and his company Petrocam Trading Nigeria Limited had
earlier filed an application before a Federal High Court in Lagos
urging the presiding Judge Rilwan Aikawa to refer the suit filed against
them by Union Bank of Nigeria Plc to the Chief Judge of the court for
reassignment to another judge of the court in the Lagos Division.
The defendants have expressed their loss of confidence in the court in determining the matter without any form of bias.
Petrocam
Trading Nigeria Limited, its Managing Director Mr Patrick Ilo alongside
South African counterpart, Petrocam Trading South Africa had earlier
dragged Union Bank Plc before a Lagos State high court, urging the court
to direct the bank to credit or reverse the wrongful debit on the
Petrocam’s account maintained with the bank for the funding of the
letter of credit totaling the sum of N6,704,918,533.71 arising from the
bank’s breach of its duty to the company.
Trading Nigeria Limited, its Managing Director Mr Patrick Ilo alongside
South African counterpart, Petrocam Trading South Africa had earlier
dragged Union Bank Plc before a Lagos State high court, urging the court
to direct the bank to credit or reverse the wrongful debit on the
Petrocam’s account maintained with the bank for the funding of the
letter of credit totaling the sum of N6,704,918,533.71 arising from the
bank’s breach of its duty to the company.
However,
while the case was still pending, Union Bank filed another case before a
Federal high court in Lagos against the company and its Managing
Director claiming the sum of N10,062,643,928.72, thereafter securing an
order of the court to freeze all the accounts of the company in all
commercial banks in Nigeria.
while the case was still pending, Union Bank filed another case before a
Federal high court in Lagos against the company and its Managing
Director claiming the sum of N10,062,643,928.72, thereafter securing an
order of the court to freeze all the accounts of the company in all
commercial banks in Nigeria.
Meanwhile,
in the accompanying affidavit verifying the petition sworn to by Mr
Patrick Ilo, and filed before the court by Barrister Gboyega Oyewole SAN
the deponent averred that six orders were made against them to freeze
the account of Petrocam Company and adjourned for seven weeks, while
effectively shutting down all their business, the order destroyed all
their good will and their business connections.
in the accompanying affidavit verifying the petition sworn to by Mr
Patrick Ilo, and filed before the court by Barrister Gboyega Oyewole SAN
the deponent averred that six orders were made against them to freeze
the account of Petrocam Company and adjourned for seven weeks, while
effectively shutting down all their business, the order destroyed all
their good will and their business connections.
Mr
Ilo averred further that in spite of the potential harm the order may
cause, no undertaken was given as to damages in the event that the
orders ought to have been made.
Ilo averred further that in spite of the potential harm the order may
cause, no undertaken was given as to damages in the event that the
orders ought to have been made.
Consequently,
an application was filed to discharge the order and follow with a
letter of urgency, to the acting Chief Judge of the Federal High Court
seeking his intervention in securing an early date, with the
intervention of the acting Chief Judge, Justice Aikawa now fixed the
hearing of the matter for 4th of May, 2018 at which date Union bank
counsel did not appear in court but wrote to the court that he has
travelled to England for his 60th Birthday celebration.
an application was filed to discharge the order and follow with a
letter of urgency, to the acting Chief Judge of the Federal High Court
seeking his intervention in securing an early date, with the
intervention of the acting Chief Judge, Justice Aikawa now fixed the
hearing of the matter for 4th of May, 2018 at which date Union bank
counsel did not appear in court but wrote to the court that he has
travelled to England for his 60th Birthday celebration.
Mr
Ilo then urged the acting Chief Judge to use his good office to
investigate this matter for appropriate action, to prevent reoccurrence.
Ilo then urged the acting Chief Judge to use his good office to
investigate this matter for appropriate action, to prevent reoccurrence.
