Lawyer Petitions IGP Over Sale of Company’s Assets Worth N20billion by Receiver/Manager

By Abiodun OBA

A Lagos-based legal practitioner, Chief Aloysius E. Ezenduka, has petitioned the Inspector General of Police alleging stealing and sale of assets of a company worth N20 billion by Mr. Emmanuel Adeyeye Oyebanji, a Senior Advocate of Nigeria, SAN.

Adeyeye was appointed as Receiver/Manager by CSL Trustees Limited on behalf of First City Monument Bank, FCMB, following a N350 million loan dispute.

In the petition dated 7 January 2024, Ezenduka told the Police boss to intervene and investigate “a case of criminal conversion, stealing, selling of the asset worth over N20 billion” belonging to his clients – Chief Anthony Obidulu and his company, Algrain Foods Limited – located at Number 15 – 17, Canal Avenue, Canal Estate, Okota, Lagos.

Chief Obidulu is the Managing Director of Algrain Foods Limited, a manufacturer of Pasta and Noodles.

The Petitioner said the actions of the Senior Advocate of Nigeria and FCMB were reprehensible as four court cases – two at the Appeal Court in Lagos (CA/L/CV/1021/2021 and CA/L/CV/1024/2021) and two at the High Court of Lagos State – are pending and trial ongoing.

The two cases at the High Court of Lagos State were instituted by Chief Obidulu against Emmanuel Adeyeye Oyebanji, SAN, and First City Monument Bank Plc. and Emmanuel Adeyeye Oyebanji & First Bank Limited for trespass over his property.

“Despite these cases pending in Court and undecided, Barrister Emmanuel Adeyeye Oyebanji in connivance with the Managing Director, First City Monument Bank Plc has been discretely and secretly stealing and selling all the asset comprising of vehicles, heavy machineries and goods kept in the warehouse worth billions of naira over a purported judgment on appeal that claimed that FCMB was owed the paltry sum of N350,000,000.00k (Three hundred and fifty million naira) which audit report has shown that the company is not indebted to the bank or anyone,” the petition read.

According to Barrister Ezenduka, the Court of Appeal on 10 October 2023 allowed the petitioner to bring in document that showed that the purported loan in respect of which Adeyeye and FCMB procured Court order is indeed a Federal Government Small and Medium Enterprises Credit Guarantee Scheme (SMECGS) which is Guaranteed 80% by the Central Bank of Nigeria which FCMB has never redeemed before procuring court order with fraudulent documents.

Worried by the actions of the Senior Advocate of Nigeria and FCMB, Ezenduka appealed to the Inspector General of Police to, among other things:

* Investigate these acts of forgery, alteration, procurement and concealment of documents for the purpose of obtaining an order of court illegally; conversion, stealing, selling of goods belonging to Chief Obidulu and Algrain Foods Limited by Emmanuel Adeyeye, Oyebanji, SAN, and FCMB.

* Investigate the refusal of Oyebanji, SAN, to render account of the purported receivership to the Corporate Affairs Commission and the Board of Directors of Algrain Foods Limited as Required by Law.

* Investigate the purported sales, conversion and diversion of proceeds of the purported sales of the assets by Emmanuel Adeyeye Oyebanji and the Managing Director of FCMB Plc.

* Recover all the assets stolen and or purportedly sold by Oyebanji and FCMB Plc. into safe custody pending when the rights of the parties are determined by the courts.

* Prosecute the duo if upon completion of the investigation a prima face case is established against them.

* Investigate the Mobile Policemen Oyebanji and FCMB procured and aided them in the evacuation of properties at odd hours of 1:00AM to 3:00AM since December last year when the Court of Appeal gave a favourable ruling in favour of Chief Obidulu and his company in Appeal No. CA/L/CV/1021/2021.

Barrister Ezenduka promised to furnish the Inspector General of Police with all documents relating to the petition “upon request as they are bulky.”