Following an unlawful takeover of the management of Benin Electricity Distribution Company Plc (BEDC), the directors allegedly appointed by the Federal Government contrary to the ex parte orders of a Federal High Court, Abuja, have been evading service of court processes.
Persecondnews recalls that on Monday, July 18, 2022, the court bailiff, who was accompanied by some police officers, had stormed the BEDC headquarters in Benin, Edo State capital to serve Mr. Henry Ajagbawa with court processes including notice of consequences of disobedience of court orders.
A similar drama had taken place on Wednesday 13th July, 2022 when the bailiff from the Federal High Court forced his way into the premises to serve the ex parte orders of the court obtained by Vigeo Power Limited in suit No. FHC/ABJ/CS/1113/2022.
Ajagbawa, apparently notified of the presence of the bailiff, scarpered out of the premises to evade service.
The bailiff had said:”Based on what happened the last time when I came to effect service of the orders of court and the 4th to 8th defendants were trying to evade service and presenting unnecessary threats, I applied for police protection and the court duly directed the police to give me protection.”
The bailiff expressed dismay at the attitude of Ajagbawa and other directors who had been flouting the orders of court restraining them from parading themselves as directors of BEDC or taking over the management of the company.
The board members are: K.C. Akuma, Adeola Ijose, Charles Onwera and Yomi Adeyemi, who were recently appointed to the board of the company by the federal government.
A Federal High Court in Abuja had during the week issued an order restraining Fidelity Bank Plc and other co-defendants from taking over BEDC, pending the hearing and determination of the motion on notice dated July 8, 2022.
The other defendants are the Nigerian Electricity Regulatory Commission (NERC) and Corporate Affairs Commission (CAC).
Those affected by the order are the Bureau of Public Enterprises (BPE) and the Nigeria Police Force (NPF).
Vigeo Power, the majority shareholder of BEDC is asking the court for an order of interim injunction restraining Fidelity Bank Plc, whether directly or indirectly, through its directors, managers, officers, employees, servants, consultants, attorneys, agents, representatives, privies, however so-called, persons acting under its instructions and control, including the entities set out into this application from altering or further altering board composition of BEDC Electricity Plc (BEDC) or working in concert with any person or party to alter the board composition of BEDC.
The applicant also want an order of interim injunction restraining NERC and CAC, whether directly by themselves or indirectly, through their directors, managers, officers, employees, servants, consultants, attorneys, agents, representatives, privies, and so-called, persons acting under their instructions and control, including the entities, set out into this application from registering or recognising Henry Ajagbawa, Charles Onwera, Yomi Adeyemi, K.C. Akuma, Yomi Adeyemi as directors of BEDC, pending the hearing and determination of the motion on notice dated July 8, 2022.
It also want an order of interim injunction restraining Henry Ajagbawa, Charles Onwera, Yomi Adeyemi, K.C. Akuma, and Yomi Adeyemi, whether directly by themselves or indirectly, through their consultants, attorneys, agents, representatives, privies, however so-called, persons acting under their instructions and control, including the entities, set out into this application from parading themselves or holding themselves out as directors of BEDC, pending the hearing and determination of the motion on notice dated July 8, 2022.
The applicant also asked the court for an order of interim injunction restraining Henry Ajagbawa, Charles Onwera, Yomi Adeyemi, K.C. Akuma, and Yomi Adeyemi, whether directly by themselves or indirectly, through their agents, representatives privies, however so-called, persons acting under their instructions and control, including the entities, set out into this application from taking over the management and control of the affairs, assets and undertakings of BEDC, pending the hearing and determination of the motion on notice dated July 8, 2022.
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