Court Throws out Ecobank’s Prayers on Exparte Order Against Honeywell

A Federal High Court sitting in Ikoyi, Lagos, presided over by Justice John Dagat, on Friday declined to grant an application by Ecobank, which sought to extend an exparte order granted by a previous judge, in a suit before him. It would be recalled that Ecobank, had initiated an exparte application, asking the Court for an order to freeze the account of Honeywell Plc, because of a N3.5 billion loan sum that the bank granted to the company Specifically, Justice Mohammed Yunusa (now transferred) had granted an interim order allowing same. However, in his ruling, Justice Dagat held that the suits have not been consolidated; therefore the ruling in the Honeywell Flour Mills Plc suit cannot automatically be applied to other suits. Addressing the court, lawyer to Honeywell, Bode Olanipekun told the court that, “On November 30, 2015, both parties had concluded argument on the application to discharge the exparte order, granted by Justice Yunusa on October 27, 2015.” Olanipekun had then urged the court to accordingly discharge the exparte order which he said had already expired by effluxion of time. The Honeywell lawyer made reference to the provisions of Order 26, Rule 12 of the Federal High Court Rules. Responding, lawyer to Ecobank, Kunle Ogunba (SAN), raised opposition to the application. The SAN had contended that the ruling delivered by Justice Yunusa in December, 2015 varying the exparte order granted on November 18, 2015, would apply to the instant suit. However, the SAN’s argument was thrown out by Justice Dagat who maintained that the matters have not been consolidated. The judge insisted that the ruling in the Honeywell Flour Mills Plc suit cannot automatically be applied in the other suits. The matter has since been adjourned to February 18, 2016.