A legal fight over company assets has taken a new turn as the Lagos Court of Appeal deals with what seems to be an attempt to bypass its authority through multiple lawsuits.

In a recent court filing on March 7, Olalekan Abdul (the first respondent in appeal case CA/LAG/CV/697/2023) explained how the Federal High Court recently dismissed two separate lawsuits. These lawsuits had tried to remove a court-appointed manager from Cleanserve Integrated Energy Solutions Ltd.

The dispute involves Cleanserve Integrated Energy Solutions Ltd, Vincent Onyebuchi Ndubueze, and John Anosike on one side, against Olalekan Abdul, Azubuike Ishiekwene, and the Corporate Affairs Commission on the other.

According to Abdul’s filing, Federal High Court Justice D.E. Osiagor ruled on February 12, 2025, that these new lawsuits filed at the Federal High Court were trying to “overreach or outwit” the ongoing appeal process. “The facts of this case as we go through the records is curious and novel,” stated Justice Osiagor in the bench ruling attached to Abdul’s affidavit. In his ruling, Justice Osiagor specifically stated: “It is an abuse of Court process for an Appellant to file an application at the trial Court in respect of a matter which is already subject of an earlier application by the Respondent at the Court of Appeal.” The judge confirmed that the plaintiffs had tried to force the removal of those controlling Cleanserve’s assets through court orders dated November 25, 2024, and January 27, 2025, even though the matter was already being handled by the appeal court.

The court documents show that Cleanserve Integrated Energy Solutions is currently under receivership, with Habeeb A. Oreola representing the company in this capacity, alongside Joseph Wilson and Benedict Olutan.

Legal representation for the case included C.C. Echemazu for the Plaintiff and Chukwunma Machukwu Umeh (SAN) for the Defendant/Respondent with A.I. Adepolu.

In a surprising twist, the appellants’ lawyers, Babajide Koku & Co., have quit the case. Their withdrawal notice, delivered on March 6, 2025, came after the law firm said they were “shocked and taken aback” when they discovered unauthorized legal actions filed by other law firms – AAA Chambers and Messrs. Chukwuma-Machukwu Ume, SAN & Co. – without their knowledge or approval.

“Our Office was not aware of the suits mentioned… and was not informed by anybody whatsoever about the actions taken in the said suits,” stated the law firm in their withdrawal notice.

The Federal High Court has since dismissed these parallel lawsuits, with Justice Osiagor concluding: “I do not have jurisdiction over this subject matter of the Defendant’s assets, the Court of Appeal being already exercising Appellate jurisdiction over same. This suit is accordingly struck out and the earlier Orders granted set aside.”

Culled BusinessDay