Guaranty Trust Holding Company has asked Justice Abimbola Awogboro of the Federal High Court in Lagos to recuse himself from an alleged N13billion debt suit involving the financial institution against Honda Place and five others.
Counsel to GTCO, Temilolu Adamolekun cited loss of faith in the judge and prayed that the case file is returned to the administrative judge for re-assignment to another judge.
GTCO through Adamolekun and Gbenga Akinde-Peters Receiver/Manager of Stallion Nigeria Limited (In Receivership) had in 2019 instituted the suit marked FHC/L/CS/2147/19 against The Honda Place (THP) Limited and four others in 2019 over an alleged N13 billion debt owed by Stallion Nigeria Limited.
The Four others Connoisseur Investment Limited, Premium Seafoods Limited and Onward Fisheries Nigeria Limited are the defendants/respondents, while KPMG Advisory Services (KPMG) is a respondent.
Adamolekun, on resumption of hearing on his application on Wednesday, July 20, prayed the judge to hand off the matter, according to his motion on notice, which stated “An order that the Hon. Justice Awogboro does recuse/disqualify himself from further adjudicating over this matter, the Applicant had lost confidence in the impartiality of His Lordship to determine this case.
“A consequential order that the case file relating to this matter be returned to the Administrative Judge of the Federal High Court Lagos Division for reassignment to another Judge of the Court for the continuation of the matter.”
The grounds upon which the application was brought are that on July 20, 2022, the matter came up for a Hearing of pending Applications.
The counsel to the Plaintiffs informed the court of the pendency of an Application for Stay of proceedings filed by the Plaintiffs and the need for the said Application to be heard before any other Application filed by any other party in the matter, and that the decision of the lower court on all processes filed before the court would eventually abide the decision of the Court of Appeal.
“The Court attempted to take the Defendant’s Application dated 29 Jun 2022, but counsel to the Plaintiffs pointed out to the Court that it would amount to refusing the Application for Stay of Proceedings even without hearing same.
“Counsel to the Defendants then urged the court to make an Interim Order suspending payment without determining their Application of 29 Jun 2022, an oral Application which was like the same Application dated 29 Jun 2022.
“In reaction, Counsel to the Plaintiffs told the Court that the being a court of record, it had no jurisdiction to grant such prayer without a formal Application, where the Plaintiffs already joined issues on the defendants’ Application angivenof the Application for Stay of Proceedings. His Lordship then advised the Defendants to file an Ex parte Application even when parties have joined issues before the court.
“His Lordship also told the defendants in open court, to file the Application before Friday, 22 July, 2022, so that he could hear them on the Application before vacation; without the presence or representation for the Plaintiffs.
“The Plaintiffs have lost confidence in the court unbelievers that they cannot get justice before Honourable Justice Awogboo if His Lordship could openly tell the Defendants to file an Ex parte Application in a matter where parties are already before the court and have joined issues
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