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Court Dismisses Suit On Sale Of 9mobile

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A Federal High Court sitting in Ikoyi, Lagos on Wednesday dismissed a suit filed by Spectrum Wireless Communications Limited against Emerging Markets Telecommunications Services (EMTS), owners of 9mobile, challenging the sale of the company.

The Court Presided over by Justice CJ Aneke in a ruling on the preliminary objections file by counsel to EMTSupheld the Defendant’s prayers in Suit No. FHC/L/CS/153/2018 that there is no direct shareholding relationship between Spectrum Wireless and EMTS, thereby vesting on Spectrum the right to sue EMTS to protect its alleged shareholding in EMTS.

The court also upheld the Defendant’s position that there isno privity of contract between EMTS and Spectrum asSpectrum is not a shareholder in EMTS and cannot be said to have been directly affected by the actions of its shareholders – Mubadala Holdings Cyprus Ltd, Myacynth and Etisalat International Nigeria Ltd.

The Court further upheld the Defendant’s position that if at all Spectrum has a right of action, its action should be against PTHNV, the company it originally invested in and not EMTS. The Court therefore upheld the submission of counsel to EMTS that not being a shareholder of EMTS, Spectrum lacks the locus standi to bring the suit against EMTS on the basis of any decision taken by the shareholders of EMTS.

The Court therefore upheld the Defendant’s prayers saying that Spectrum lacks the locus standito sue, adding that the concept of “indirect shareholding/economic interest” claimed by Spectrum is unknown to Nigerian law, which only recognizes members of a company as those named in its Register of Members.

Justice Aneke also held that Spectrum is not a party to the credit facilities which it claims were unlawfully obtained; and it is elementary law that only parties to a contract can make judicial claims in respect thereof.The Court therefore dismissed the suit in its entirety.

It would be recalled that Spectrum Wireless Communications had sued EMTS and 16 other defendants including United Capital Trustees Limited (‘the Lenders’), the Central Bank of Nigeria (CBN) and the Nigerian Communications Commission (NCC) over the sale of the telco.

The company had claimed that it acquired indirect holding of 30% of the shares of EMTS after a private placement and was allotted 4,041,096 Class A shares of Premium Telecommunications Holdings NV (“PTHNV”), which owns 99% of the shares in MyaCynthCoperative UA (“MyaCynth”).

The Plaintiff also claimed that MyaCynth holds 30% of the shares of EMTS BV; and EMTS BV holds 99.9% of the shares of EMTS) and that EMTS’ syndicated loan from the 2nd to 4th Defendants was granted without the requisite statutory approval of the CBN, and can, therefore, not be enforced through the sale of EMTS’ shares and assets by the 2nd to the 14th Defendants.

Spectrum also claimed that its investments in EMTS will be lost if the 15th to 17th Defendants are allowed to effect the sale of EMTS.

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BIG STORY

‘Obidients’ Threatening To Burn Down Afrika Shrine – Femi Kuti

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Afrobeat singer Femi Kuti has alleged that some people threatened to burn down the New Afrika Shrine in Ikeja over reports that he called supporters of Labour Party presidential candidate Peter Obi ‘zombies’.

The 60-year-old said this in a video posted on Instagram on Friday night, where he insisted he never called Mr Obi’s supporters ‘zombies’.

On Friday, reports that he described the LP candidate’s supporters as zombies emerged.

The singer immediately debunked the report, describing it as misleading.

In a performance at the Afrika Shrine on Thursday night, Mr Kuti said that at 60, he could not be obedient.

Supporters of the LP candidate refer to themselves as ‘Obidients’.

The threat
Despite clearing the air, the singer said he woke up to a barrage of insults and abuses by people whom he described as Mr Obi’s supporters.

He said, “I woke up today to insults abusing me, my family and my children, threatening that they will burn the shrine because they said I said Peter Obi’s supporters are zombies.”

Clearing the air, Mr Kuti said that he was too angry, too sad, and depressed to be obedient.

“How can anybody come up with that term? I cannot be ‘Obedient’ in this country with END SARS killings, my grandmother was killed, my father’s house burnt, and I’m supposed to be obedient.

“Did I call Peter Obi supporters zombies? Did I say that? No. What does ‘obedient’ mean? I wouldn’t say I like that terminology for myself and will never use it.

“Nothing can make me obedient. I’m too angry, too sad, too depressed to be. Stop threatening to burn the shrine, stop threatening my children, stop that rubbish,” he said.

He went on to express his reservations about Mr Obi’s candidacy.

He said, “Obi went to greet Obasanjo. That makes me sceptical. Obi went to meet Babangida. Who? Me? My family believes these people are a part of the problem in this country.

“Well, some people will say no. That is your business; you have the right to think like that if that is what you believe is good for you. But you, too, cannot tell me how to think.

“I have my reservations. I do. You cannot tell me not to have reservations.”

What transpired
An online publication reported his speech at the Afrika Shrine with the headline, ‘Femi Kuti says Obidients are zombies’.

In its report, the publication likened the Grammy nominee’s speech to his Father’s 1976 acclaimed song, ‘Zombie’.

The publication quoted the ‘Sorry Sorry’ crooner said, “You know what obedience means? Stand up, sit down, sit there — zombie.”

In his response, Mr Kuti said that the publication took his words out of context.

“You are such liars. What benefit is it to the people when you take my words out of context like this?”

He further added that he also gave his reasons for not trusting anyone else too in the present Nigerian political arena.

What actually happened
From the clip posted by People’s Gazette on YouTube, it appeared that Mr Kuti had paused a performance to talk about the 2023 presidential election.

He said, “At 60, why am I obedient? All my life, I don’t even remember a good time.

“I fear for my children; you say I should be obedient. Sit down. Be peaceful. That’s the meaning of obedience. ‘Obedient’, that was the Vice President of Atiku?

“Are you all ok in this country? Be obedient to who? Dem don suffer my life, make I come still dey stand up, obedient.”

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Akwa Ibom Monarch To Die By Hanging For Murder

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Akwa Ibom State High Court presided by Justice Edem Akpan, has sentenced 82-year-old Village Head of Efen Ibom in Ika Local Government Area of the State, Chief Essien Matthew Odiong, to death by hanging for murder.

The monarch, married to 12 wives and has 60 children, was standing trial on four counts of conspiracy, directing unlawful trial by ordeal, stealing of the motorcycle, and murder of the owner, one Udoma Udo Ubom.

Delivering judgment on Friday, Justice Akpan said the court found the accused guilty of the murder of the deceased by injecting some chemical substance on him, leading to his death on 26th April 2017.

According to the judgment, the late Ubom was accused by his brothers of being a wizard and was reported to the Village Head, who brought him before the Council, where the deceased was administered an oath to swear and prove his innocence.

The court held, “Having sensed the consequences of his criminal activity, the monarch escaped from the Village since 2017 and returned in 2019 when he was arrested by the Police.”

Justice Akpan stated, “The accused had voluntarily admitted that he sat at Efen Clan Council with five other village heads and members of the Clan Council to try the deceased on the allegation of witchcraft, and the law has relieved the prosecution of the burden to prove the offense of conspiracy.”

The court further held, “The admission of the process of trial and the decision of Efen Clan Council to administer oath on the deceased, has logically brought to the conclusion that a plastic bath on the head of the late Udoma Akpan Udo Ubom and injecting some chemical substance through a syringe into his buttocks by the village head, caused the death of the deceased.”

Justice Edem Akpan sentenced the Village Head to death by hanging for murder, seven years imprisonment with hard labor for directing unlawful trial by ordeal, and three years imprisonment for conspiracy with others now at large.

However, before the sentence was announced, the convicted Village Head, popularly known as ‘Kill and Bury’ pleaded for leniency, asking the Court to temper justice with mercy.

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”It’s Totally False And Malicious”, 2Face Debunks Rumour He Got A Banker Pregnant

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Nigerian singer, 2face Idibia has debunked reports he got a banker pregnant.

His manager, Efe Omorogbe released a statement debunking the rumor this afternoon, August 13.

Recall that few days ago, 2face came on social media to apologize to his wife, Annie Idibia, for being a “Shitty husband”.

Shortly after he shared his apology post, some social media users claimed he apologized publicly because he got a banker pregnant.

The singer has now debunked the report.

Read the statement below…

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