Joined as co-defendants in
the debt recovery suit are the son of the former Governor Agagu Feyisayo
Opeyemi and Central Securities Clearing Systems Plc.
The loan had a tenor of
repayment period of 12 months and ought to have been fully repaid by 18th June,
2008.
However, the loan remained
unpaid and was accordingly categorized as non performing loan.
AMCON avers that it is
entitled to judgement against Agagu Feyisayo Opeyemi as per its statement of
claim, having failed to repay the outstanding loan facility.
Pursuant to an application
filed by AMCON on October 9, 2018, the court granted an interim order on 12th
of December, 2018 directing Central Securities Clearing System Plc to transfer
the subject shares to AMCON to preserve same pending the filing of the substantive
suit.
However, in a calculated
attempt to over reach and foist fait accompli on the order of the court and
frustrate the efforts of AMCON to recover the debt, Agagu Feyisayo Opeyemi,
having ostensibly gotten wind of the order, purportedly sold and transferred
the subject shares to his mother Agagu Olufunke Ibidun on 13th December, 2018.
Consequently, AMCON is
making the following claims against Agagu Feyisayo Opeyemi :
An order against him for
the payment of the sum of N32,136,877.25 being the outstanding sums he owed
AMCON
Interest at the rate of 15%
per annum from 16th of August, 2018 until judgement and thereafter at the rate
of 10% per annum until liquidation of the judgement sum.
2. An order granting AMCON a power of sale in
respect of the stocks clearly identified to belong to Agagu Feyisayo Opeyemi
and all other shares owed by him to be applied towards liquidation of his
indebtedness.
3. An order nullifying the purported sale of the
shares by Agagu Feyisayo Opeyemi to his mother on the premise that the said
illusory sale made on 13th December, 2018 was a deliberate and calculated
attempt by Agagu Feyisayo Opeyemi to overreach the court and foist a fait
accompli on the order of the court.
The presiding Judge,
Proffesor Chuka Obiozor, has adjourned till 8th October, 2019, when the legal
battle will resume.
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