Justice Akintayo Aluko of a Federal High Court, Lagos, has affirmed that the appointment of Mr. Kunle Ogunba (SAN) as the Receiver/Manager over Ikeja Electricity Distribution Plc (IKEDC); First Independent Power Limited, and Egbin Power Plc.
Justice Aluko affirmed that Ogunba’s appointment as the Receiver/Manager of the three firms is a completed act, while ruling on different applications filed by the defendants/applicants in the suits numbered FHC/L/CS/1245/2025, FHC/L/CS/1242/2025, and FHC/L/CS/1244/2025
Applicants in the suit are: Zenith Bank Plc; United Bank for Africa Plc; First City Monument Bank Limited; Union Bank of Nigeria Plc; Sterling Bank Plc; Fidelity Bank Plc; Ecobank Nigeria Limited; Access Bank Plc; Keystone Bank Limited; First Bank Of Nigeria Limited; First Trustees Limited and FBNQUEST Merchant Bank Limited.
While the plaintiffs/respondents are: Kepco Energy Resources Nigeria Limited; New Electricity Distribution Company Limited and Ng Power-HPS Limited;
The defendants have appointed receiver/manager over the plaintiffs and have approached the court, over the plaintiffs alleged inability and failure to pay their debts.
At the hearing of the suit on Tuesday, Tolu Fadipe represented KepCo Energy Resource Nigeria Limited as the Legal head, and Ayomide Oluwafemi represented Union bank of Nigeria Plc (legal officer), while Akinlola Makinde alongside Mariam Oyede, Ewaduwa Fabolade, and Ismail Ibrahim appeared for the Plaintiff, and Obinna A. Divine leading O. T. Ogunba, I. U. Udo and B. R. Kreni appeared for the defendants.
At the day’s proceeding, the court delivered its ruling in respect of the plaintiffs’ interlocutory injunction and the bank’s application for the dismissal the suit.
Ruling on the applications, the court refused to dismiss the suit, holding that there are serious issues to be determined between the parties at the substantive hearing.
On determining the application for Interlocutory injunction, the court held that the said application succeeds in parts and that the defendant’s argument that the court cannot restrain a completed act (the appointment of receiver/manager over the affairs of the plaintiffs) succeeds too.
Justice Aluko further held that the decision in suit number FHC/L/CS/1242/2025 and the orders granted shall apply to the sister suits to wit; FHC/L/CS/1244/2025, between NG Powers Hp Limited Vs. Access Bank Nigeria Plc and seven others, and the suit numbered FHC/L/CS/1245/2025, between New Electric Distribution Company Limited Vs Ecobank Nigeria Limited and eight others.
Further hearing of the suit has been adjourned to October, 20, 2025 for mention.
In the suit filed by the defendants against the Plaintiffs in this suit, pending before Justice Deinde Dipeolu, was brought pursuant to sections 554 and 556, Companies and Allied Matter Act. Cap. C20. Laws of the Federation of Nigeria, 2020; Rules 2 Companies Proceedings Rules 1992; Order 3 Rules 6 and 9 Federal High Court (Civil Procedures) Rules, 2019 and under the court’s inherent jurisdiction.
In the suit, the plaintiffs (banks) are asking for the following: “a declaration and/or, an order that ‘Kunle Ogunba Esq., (SAN), being the duly appointed Receiver/Manager of the pledged assets of the 1st to 12th Defendants, duly appointed by the plaintiffs pursuant to the respective Deeds of Appointment dated 19th June 2025 and registered at the Corporate Affairs Commission on 25th June 2025, the said “Kunle Ogunba Esq. (SAN) 12th defendants without any interference, obstruction and/or hindrance in any manner whatsoever by the 1st to 12th Defendants or any other person(s) acting under their authority or any person whether a Director or Shareholder, officer or employee of the 1st to 12 Defendants.
“A declaration and/or, an order that upon the appointment of “Kunle Ogunba Esq., (SAN) as Receiver/Manager of the pledged assets of the 1st to 12th defendants, the said 1st to 12th Defendants and/or any other Director or Shareholder, officers or employee of the 1st to 12th Defendants has no rights, powers or authority to enter into and remain in possession or deal in any manner whatsoever with the assets of the 1st to 12th Defendants listed in relief “a” above, without recourse to ’Kunle Ogunba Esq., (SAN) the Receiver/Manager over the pledged assets duly appointed by the Plaintiffs pursuant to the respective Deeds of Appointment dated 19th June 2025 and registered at the Corporate Affairs Commission on 25th June 2025, and the several other Deeds executed between the Plaintiffs and the 1st to 12th defendants.”
“A declaration and an order that pursuant to the respective Deeds of Appointment dated 19th June 2025 and registered at the Corporate Affairs Commission on 25th June 2025 and the several other Deeds executed between the Plaintiffs and the 1st to 12th Defendants, ‘Kunle Ogunba Esq., (SAN) the Receiver/Manager appointed by the Plaintiffs over the pledged Assets of the 1st to 12th Defendants is entitled to perform al! the functions (which includes but not limited to the selling of the 1st to 12th Defendants’ pledged Assets to offset the outstanding indebtedness) unhindered and unimpeded by the 1st to 12th Defendants, their agents, cronies or other privies howsoever described and/or called.
“An order of perpetual injunction restraining the 1st to 12th defendants whether by themselves, their agents, servants or privies from disturbing the receiver/manager appointed by the Plaintiffs in the performance of his lawful and legitimate duties as specified in his respective Deeds of Appointment and several other Deeds and tampering with, alienating or disposing any of the 1st to 12th Defendants’ assets listed in relief “a” above by virtue of the Receivership status of the 1st to 12th Defendants and more importantly, the pledged assets of the 1st to 12th Defendants.
“And for such further or other Order (s) as this Honourable Court may deem fit to make in the circumstance.”
