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How Nigeria's Federal Capital Territory Permanent Secretary, Adesola Reportedly Disobeyed Court Orders Reinstating Faruk as Abuja Markets Management MD

How Nigeria's Federal Capital Territory Permanent Secretary, Adesola Reportedly Disobeyed Court Orders Reinstating Faruk as Abuja Markets Management MD
August 14, 2023

The Abuja Markets Management Ltd. (AMML) has threatened to file contempt proceedings against the Permanent Secretary, Federal Capital Territory Administration (FCTA), Mr. Olusade Adesola and Group Managing Director (GMD), Abuja Investments Company Limited (AICL), Abubakar Maina over the alleged disobedience of several court orders restraining them from interfering with the operations of the organisation in a manner that may cause Alhaji Abubakar Faruk from functioning as Managing Director of AMML.

 

This followed recent events suggesting that AICL led by Maina had embarked on a series of activities shunning orders from different courts of competent jurisdiction, including the Federal High Court and National Industrial Court in Abuja, affirming Faruk's position as the substantive MD of AMML and restraining Maina and other defenders in the case from interfering with his duties. 

 

The AMML Legal Consultant, Kunle Kolawole who disclosed this in a statement issued at the weekend in Abuja, also called on President Bola Tinubu, the National Assembly and the Acting Inspector General of Police (IGP), Kayode Egbetokun to prevail on the FCT's Permanent Secretary and Maina to toe the path of honour and allow peace to reign in the markets managed by AMML in the Federal Capital Territory.

 

This is as AMML said it has refused the temptation to be dragged into uncivilized acts of physical confrontations with the armed security agents purportedly deployed by the Permanent Secretary and Mr Sadiq Abubakar Maina during the forceful takeover of Wuse market under the management of AMML. 

 

SaharaReporters gathered that Maina on the instruction of Adesola had convened an emergency general meeting of AMML in contravention of valid court orders. 

 

The plot to illegally oust Faruk as substantive MD of AMML was revealed in a leaked audio purportedly by the immediate past acting MD, in which the plan was explicitly marshalled to the group. 

 

In what seemed like an attempt to execute the plan, Maina in a letter signed by him, dated July 13 2023 and addressed to AMML MD, informed that the meeting would hold on Monday, July 17 in the AICL boardroom.

 

The letter was titled "Notice of Extra-Ordinary General Meeting of Members of Abuja Markets Management Ltd.'

 

He said in the letter that the meeting would consider and make resolutions on issues bordering on the management of the company and the recent court judgment.

 

This was done in disregard for the court judgment of Federal High Court, Abuja Division, delivered by Justice D. U. Okorowo on July 10, 2023, affirming Alhaji Abubakar Usman Faruk as the bonafide/substantive Managing Director of AMML. 

 

AMML also accused Maina of violating the judgment of the Federal High Court dated July 10, 2023, judgment of the National Industrial Court dated July 20, 2023, an order of court voiding the purported termination of Faruk’s employment dated July 26, 2023, and order for status quo to be maintained dated August 10, 2023.

 

Kolawole described the conspiracy as

flagrant disobedience of court orders by the Federal Capital Territory Administration (FCTA) and Maina as a plan to frustrate the MD of AMML, Faruk and cause chaos.

 

The statement read in part, "The Federal High Court, Abuja Division, coram Hon. Justice D.U. Okorowo delivered its judgment on the 10th July, 2023, affirming the position of Alh. Abubakar Usman Farukas the bonafide/substantive managing director of AMML. By the same judgment, the Board of Directors of AMML, reconstituted by the Minister of FCT under the chairmanship of Mr. Abubakar Sadiq Maina was nullified and set aside as illegally and unlawfully reconstituted. It is worthy of note that this judgment has not been set aside by any competent court of law, and neither is there any order for a stay of execution of the judgment by any court of competent jurisdiction to date.

 

"By the same judgment, the Board of Directors of AMML, reconstituted by the Minister of FCT under the chairmanship of Mr. Abubakar Sadiq Maina was nullified and set aside as illegally and unlawfully reconstituted. 

 

"It is worthy of note, that this judgment has not been set aside by any competent court of law, neither is there any order for stay of execution of the judgment by any court of competent jurisdiction till date.

 

"Besides the above, on 26th July, 2023, the National Industrial Court entered another judgment, in the suit of Alh. Abubakar Usman Faruk vs. Minister of the Federal Capital Territory, Federal Capital Territory Administration, AMML and AICL with suit No. NICN/ABJ/62/2023, based on the terms of settlement adopted by Alh. Abubakar Usman Faruk and AMML, by which the position of Alh. Abubakar Usman Faruk as the managing director of AMML was further confirmed. 

 

"Obviously, the decision of our MD/CEO to challenge his redeployment and the reconstitution of the board of AMML, both done illegally did not go down well with the powers that be in the FCT, specifically, by some staff of the FCT administration and the AICL, who viewed the court action as a challenge to their powers and authorities. Consequently, they started throwing every stone at our M.D/CEO, with many of the stones, falling on AMML, who has decided to abide by the judgments of the courts of law. 

 

"They have done many things and are still doing everything possible, to frustrate the MD/CEO of AMML, and AMML itself. For instance, the AICL and FCTA have among many other illegal actions perpetrated against the AMML and its M.D/CEO, done the following without any caution as to the damaging consequences of these negative actions." 

 

Maina was also accused of conniving with bank officials to freeze AMML accounts with the aim of crippling her operations which therefore make it difficult for AMML to fulfill its financial obligations. 

Other accusations levelled against Mania include a "Defamatory media campaign against AMML and its MD/CEO, holding meetings with traders with a view of inciting them and actually inciting them against AMML".

 

Wrongful termination of facilities management agreements between AICL and AMML, forceful takeover of all AICL markets including but not limited to WUSE and other markets, under the lawful management of AMML. 

 

AICL has been accused of attempting to create a parallel company using some former staff members of both AICL and AMML to disrupt the organisational management of AMML and her operations. 

 

"Inciting markets association against AMML is not in the interest of the business and nation. 

 

"We also want to let you know in his further attempt to cripple AMML, he has also turned himself into the authority that controls the bank account of AMML by writing to the various banks not to honour the instruction of a duly constituted board of AMML and her Managing Director," the lawyer said.

 

He said the letters written by Maina on behalf of AMML is nullity, noting that there was no board to give such instruction and that he was not a member or the chairman of the board.

 

The AMML crisis was said to have sprung up three years ago, when the substantive Managing Director, Alh. Abubakar Usman Faruk was unilaterally redeployed from the company by the immediate past Minister of the Federal Capital Territory without any reference to and guidance by the guiding laws of corporate governance.

 

The redeployment exercise was allegedly against the relevant laws and void, which much is known to the players of the redeployment. He was reportedly never assigned any alternative portfolio throughout the almost three years of the purported redeployment and he earned his salaries as well as other entitlements as the sitting Managing Director of the AMML. 

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Scandal