News as it is!

Legal Battle Between Ex-Intercontinantal Bank Boss and Trustbond Mortgage Bank Deepens

 A Federal high court sitting in Lagos south west Nigeria has adjourned till   17th of October, 2018 for hearing the legal tussle between  the former chairman of defunct Intercontinental bank Plc Dr Raymond Obieri, and a Trustbond Mortgage Bank Plc,for alleged  indebtedness of N983 633,559.42
     While the mortgage Bank is demanding for  the sum of N983,633,559.42 as an outstanding debt owed by Dr obieri, the former banker while denying not owing the mortgage Bank  has slammed N535,500,000 suit on the bank.
 In realisation of this debt recovery, the bank had also petitioned Economic and financial crime commission EFCC to investigate Dr Raymond Obieri in respect of this transaction that led to this massive debt.
  In a statement  of claim filed before a Federal high court in Lagos south west Nigeria by a Lagos lawyer Dr Oladapo Olanipekun (SAN),the plaintiff alleged  thus, that Trustbond Mortgage Bank Plc (formerly  known as Intercontinental homes savings and loan limited) made investment in the sum of N752.5million plus interest of  N93.1 million being a total sum of N845.6 million in Summit Capital and Asset management limited Company by way of placement, as at the time of the placement Dr obieri  was both a Director in Intercontinental homes savings and loans Plc (now Trust bond mortgage Bank Plc )and Summit Finance company (later renamed Summit Capital and Asset Management limited).
     Dr Obieri alleged further that Summit  Capital and Asset management limited then  advanced loan facilities to members of staff of Intercontinental bank Plc to acquire shares in various companies, the loan exceeded N845.6 million  advanced to Summit capital and asset management by way of placement. The loan granted to the staff of Intercontinental bank Plc were never repaid
 It was discussed during a meeting of the board of Directors of Summit Capital and  Assets Management held on 29th oct,2013 and resolved that the company be voluntarily wound up and a liquidator Mr Donald Agu was appointed by the company for that purpose.
  Further to the above,the debt owed to Intercontinental homes and saving and loans limited was set off against the debt owed by Intercontinental bank Plc staff both debts were consequently written off being group related debts The decision was taken in good faith considered to be most logical and prudent step to take in the circumstances as both Intercontinental bank Plc and Intercontinental homes saving and loan limited being group and connected companies.
      Dr obieri averred further that, sometime in 2017, TrustBond mortgage Bank Plc singled him out  via a letter dated 7th November,2017 the bank threatened to issue petition against him to Economic Financial Ccrimes Commission EFCC and Attorney General of Federational AGF and to institute criminal proceedings against him on unfounded claims and bogus charges if he failed to meet its demands.
Dr obieri  while demanding for the sums, of N500 million  as general damages N10million as special damages,N15million as exemplary damages, #10.5million as the cost of this suit  urged the court to restrain the bank and it’s agents from making any demands for any sum from him .
     However  in a statement  of defence and counter claim filed before the court on behalf of Trustbond bank Plc by a Lagos lawyer Barrister Edoka Dox Onyeke,the Trustbond Morgage bank Plc while denying almost all the claims of Dr Obieri alleged that prior to the deliberate act of Dr obieri’s participation in liquidation of his own company, Summit Capital and Asset Management limited ,he was the majority  shareholder and alter ego of  the company , and his company was indebted to the Trustbond  Mortgage bank Plc to the tune of N983,633,559.49 as at 27 march,2012 which indebtedness he wilfully and maliciously  omitted from the statement of asset and liability of his company filed with the  Corporate Affairs Commission CAC Abuja,prior to obtaining the consent of the CAC to the voluntary wound-up of his company Summit Capital  and Asset management limited.
  The Trustbond Mortgage bank denies any role in relation to the advancement or grant of any loan facilities in excess of the sum of N845.6 million by the plaintiff  company  to members of Staff of Intercontinental bank Plc particularly as it relates to the reference made by the plantiff to the meeting of his company’s board of Directors which did not deliberate on any agenda in relation  to the loans granted by his company to members of staff of Intercontinental bank Plc.
   The  Trustbond alleged further that when it applied to CAC  for documentation filed by the liquidator appointed by Dr. Obieri’s company to carry out the voluntary wound up of the plaintiff’s company Summit Capital and Asset Management company,it became aware that  Dr. Obieri  as a director of Summit Capital and Asset Management who was involved in the placement investment that resulted in the debt owed the Trustbond Mortgage bank  and also participated in board meeting where the indebtedness of his company to the defendant was deliberated on had deliberately willfully and fraudulently omitted the debt owed the Trustbond Mortgage bank  from the statement of asset and liabilities of his company sought to be liquidated with deliberate false Information to the effect that former staff of the Trustbond Mortgage bank   were indebted to his company, via an insertion  in the statement of asset and liabilities filed with CAC that former Intercontinental homes staff were indebted to his company to the tune of #1,095,567,609
 The liquidation of  Summit Capital  and Asset management limited did not follow the due process of law as claimed by the Dr. Obieri as the plantiff who was the Prime mover and majority shareholders and alter ego of the company took  deliberate and  wilful steps to provide the liquidatior with false information.
  The Trustbond averred that having failed to persuade Dr Obieri  to see the severity and consequences of his action,  which led to a monumental loss of the sum of N983,633,559.49 being the sum owed the Trustbond Mortgage bank by his liqudated company as at 27th of March 2018 it was constrained to lodge a formal complain with EFCC in a petition dated 14th December 2017,complaining about the act of criminal misfeasance and fraudulent misrepresentation in the statement of asset and liabilities filed with CAC,and investigation had commenced   into the allegation by EFCC.
  Consequently, the mortgage Bank is counter  claiming in the sum of N983,633,559.42k and N5 million  as general damages and N5 million as cost of defending this legal action
  The mortgage bank  is urging the court to grant judgement in its favour.

166 total views, 1 views today

Leave a Reply

Your email address will not be published. Required fields are marked *