Bi-Courtney Limited (BCL) yesterday refuted claims that it owes the Asset Management Corporation of
Nigeria (
AMCON) N13.9 billion. According to BCL’s Chairman, Dr.
Wale Babalakin, who addressed a press conference at the same premises purportedly taken over by
AMCON in Lagos yesterday, the
Federal Government still had a debt of N132.5 billion to pay BCL.
The company’s rebuttal followed reports by a section of the media, yesterday, in which
AMCON
claimed it had taken over a property belonging to the company on
Victoria Island, Lagos, in lieu of the purported indebtedness, following
an ex-parte order it obtained from a Federal High Court in Lagos.
Describing the action as a “monumental fraud and executive recklessness,” Babalakin said BCL had concluded arrangement to sue
AMCON
for a sum of N50 billion as minimal claims for the damages its actions
had caused the company. He added: “AMCON is fully aware of the facts of
this case and it is party to it through
GTBank,
yet, surreptitiously obtained an ex-parte order from the Federal High
Court to take over the premises without discussing the issues. “For the
avoidance of doubt, we are not indebted to AMCON or any federal agency.
On the contrary, we have a judgment credit of N132 billion in our
favour.
The courts have directed that if we owe any debt to the
Federal Government,
it should be deducted from this amount of money.” The company said it
relied on the judgment of the Abuja Division of the Federal High Court,
delivered on April 5, 2012, which ordered the attorney general of the
federation to compel the concerned agency of
government
to “immediately comply with the judgment of this honourable court by
making without any further delay the payment of N132.5 billion to the
plaintiff/applicant (Bi-Courtney).”
The company also drew attention to the paragraph four of the court
order, which directed “the Defendant/Respondent (Attorney General of the
Federation), being the Chief Law Officer and legal representative of
the
Federal Government of
Nigeria
to set off from the above-mentioned N132.5 billion, any claims agreed
with the Plaintiff/Applicant to be due from the Plaintiff/Applicant to
any agency of the
Federal Government of
Nigeria, including but not limited to the Asset Management Corporation of
Nigeria.”
Babalakin further disclosed that the property, ostensibly taken over
by AMCON, “is owned by Bunbury Limited and was never mortgaged to any
bank and so could not have been inherited by AMCON”. “The issue of
ownership of this property is before the Lagos High Court. In the said
court, AMCON, through its Predecessor-in-Title,
GTBank,
claimed that the property had been sold to a ‘Red Company’ for N6.5
billion. If as claimed under oath by GTB/AMCON, the property has been
sold to a third party, how then was
GTBank able to transfer a property already sold to AMCON? This is monumental fraud.”
Equally, Babalakin wondered how it was possible for the matter to be
heard ex parte, “even though there was a preliminary objection in the
file disclosing all the pending suits and reasons why the order could
not be granted”. He added that “AMCON in its characteristic cavalier
attitude did not disclose the address of the property; yet, the court
erroneously granted it inexplicably.
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