Court Fixes June 29 For hearing Of Sterling Bank’s $16.4m Suit Against Stella Oduah
A Federal High Court in Lagos yesterday adjourned the debt recovery suit filed by Sterling Bank Plc against a former Aviation Minister, Senator Stella Oduah to June 29.
The court adjourned the suit, in which the bank alleged that Senator Oduah and her company, Sea Petroleum and Gas company Ltd, were indebted to it in the sum of 16.4 million dollars and N100.5 million, due to the absence of the judge, Justice Ayokunle Faji.
Justice Faji, who had earlier fixed Tuesday for the hearing of all pending applications filed by all the parties in the suit, was said to be indisposed.
The suit was initially pending before Justice Abdulaziz Anka, of the same court, but was eventually, reassigned to Justice Faji after Justice Anka was transferred outside the Lagos Division of the Court.
Justice Anka had in March this year, granted an order, restraining Senator Oduah and her companies, from making any withdrawal from its account and those of three other companies domiciled with 21 banks in the country.
The other companies listed in the suit are: Sea Shipping Agency Ltd, Rotary Engineering Services Ltd, and Tour Afrique Company Ltd.
The court had also issued an order directing all the commercial banks harbouring the assets of Oduah and the four companies to sequestrate their indebtedness as at November 2016.
The court had ordered that the money be kept in an interest yielding account in the name of the chief Registrar of the Federal court, pending the determination of the suit.
In an affidavit sworn to by a staff of Sterling Bank, Mr Segun Akinsanya, he averred that on Oct. 8, 2012, the bank granted a lease/Cabotage Vessel Finance Facility (CVFF) to Sea Petroleum and Gas Company.
He said that the facility was in the said sums to finance one unit 5,000 MT tanker vessel.
He averred that the loan was secured by an unconditional personal guarantee of the companies’ director, Princess Stella Oduah.
Akinsanya also averred that same was supported by a statement of her net worth, legal mortgage of two properties worth N135 billion, and a power of Attorney of the tanker vessel in favour of Sterling Bank.
He averred that also in support was a fully executed standing payment order and tripartite remittance agreement between it and Oduah.
It was further averred that on June 27, 2013, Sea Petroleum Company requested and was granted additional facilities in the sum of about 450,000 dollars for post delivery expenses.
He said that also granted was about 993, 000 dollars to meet the requisite conditions in securing the release of the tanker.
Also, he averred that upon the persistent failure of the defendants to liquidate their indebtedness, Sterling Bank instructed its counsels to recover the debt.
He said that in spite of several reminders, and demands, the defendants had failed and refused to liquidate their indebtedness which had culminated to 16.4 million dollars, and about N100.5 million as at November 2016.
He averred that there was imminent risk of the defendants dissipating the assets of the companies, and had urged the court to issue a restraining order.
Meanwhile, Oduah and her companies in its processes, had urged the court to discharge the order made against them.
They had also filed a preliminary objection to the suit and urging the court to strike it out for lack of jurisdiction.
