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Court Dismisses Suit On Sale Of 9mobile
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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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Gunmen Attack Another Kogi Church, Abduct Pastor, Wife During Service

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Gunmen attacked a church in Kogi state on Sunday, abducting a pastor, his wife, and several worshippers during an early morning service.

The assault took place at the newly established Cherubim and Seraphim Church located in Ejiba, Yagba West LGA of the state.

Residents said the community was thrown into panic as the attackers stormed the church, causing people in nearby homes to flee for safety.

In a statement confirming the incident, Kingsley Fanwo, Kogi commissioner for information, described the attack as “very sad and unfortunate” and assured the public that authorities were already coordinating rescue efforts.

Fanwo suggested that the attackers may have been operating from within or around the community, adding that some locals might have noticed unusual movements but failed to raise concerns.

“Those who struck at Ejiba must have been hiding in the community for some days or in bushes around the village,” he said.

“Some villagers would have seen them and kept quiet. If you refuse to raise alarms when you see strange faces at a time like this, who knows who will be victims of their madness?

“Worshipping in the bush without security in this era, just a few weeks after worshippers were abducted from a church in Kwara State, to me is not ideal.

“We all need to be security conscious at this time. We also need to volunteer intelligence.”

He explained that both the state government and the Yagba West local council had been making efforts to combat criminal activities along the border axis but noted that Ejiba had continued to experience repeated attacks.

He also criticised religious leaders who choose to gather congregants in isolated locations despite ongoing security risks.

“It’s easy to blame the government, but those suffering in the hands of these incurable irredentists are our people. So why won’t we subscribe to wisdom?,” he said.

“When you see something, say something. Avoid going to unsecured churches and mosques now.

“Avoid absolutely unnecessary journeys at this time. Any journey along the danger zones should be avoided. Do not disclose your movement to anyone again.”

Fanwo added that security agencies and the state government had adopted “drastic measures” to ensure the safe return of the abducted victims.

On November 18, armed men abducted worshippers from a Christ Apostolic Church (CAC) branch at Oke Isegun in Eruku, a border community in Kwara state’s Ekiti LGA.

Last Sunday, President Bola Tinubu announced that all those abducted from the Eruku church had been rescued.

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Four Killed, 10 Injured In Shooting At Child’s Birthday Party In US

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At least four people have been confirmed dead after a mass shooting at a child’s birthday party in California, while 10 others sustained injuries during the attack.

The incident occurred on Saturday evening at a restaurant in the northern California city of Stockton, where the celebration was taking place.

Police said the suspect fled the scene and remains at large, adding that early findings suggest the attack may have been “targeted”.

Local authorities reported that both adults and children were among the victims, though the conditions of the injured had yet to be confirmed at the time of filing this report.

The San Joaquin County Sheriff’s Office said the shooting happened shortly before 18:00 local time (02:00 GMT Sunday). Spokesperson Heather Brent described the incident as “unfathomable”.

In a statement, the office said: “This is a very active and ongoing investigation, and information remains limited. Early indications suggest this may be a targeted incident, and investigators are exploring all possibilities.”

Reacting to the attack, Stockton’s Vice Mayor, Jason Lee, expressed shock on social media, stating: “I am devastated and angry to learn about the mass shooting at a child’s birthday party. A birthday party should never be a place where families fear for their lives.”

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Tinubu Nominates Reno Omokri, Fani-Kayode, 30 Others As Ambassadors

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President Bola Ahmed Tinubu has forwarded the names of 32 ambassadorial nominees to the Senate for confirmation, coming days after transmitting an initial batch of three nominees.

In two separate letters addressed to Senate President Godswill Akpabio, Tinubu requested the upper chamber to expedite consideration and confirmation of 15 nominees as career ambassadors and 17 nominees as non-career ambassadors.

The lists, as submitted to the Senate, are as follows:

Non-Career Ambassador Nominees (17)

Ogbonnaya Kalu (Abia)

Reno Omokri (Delta)

Mahmud Yakubu

Erelu Angela Adebayo

Ifeanyi Ugwuanyi

Tasiu Musa Maigari

Yakubu N. Gambo

Nora Ladi Daduut

Femi Pedro

Femi Fani-Kayode

Nkechi Linda Ufochukwu

Fatima Florence Ajimobi

Lola Akande

Grace Bent

Victor Okezie Ikpeazu

Senator Jimoh Ibrahim

Ambassador Paul Oga Adikwu

Career Ambassador / High Commissioner Nominees (15)

Enebechi Monica Okwuchukwu (Abia)

Yakubu Nyaku Danladi (Taraba)

Miamuna Ibrahim Besto (Adamawa)

Musa Musa Abubakar (Kebbi)

Syndoph Paebi Endoni (Bayelsa)

Chima Geoffrey Lioma David (Ebonyi)

Mopelola Adeola-Ibrahim (Ogun)

Abimbola Samuel Reuben (Ondo)

Yvonne Ehinosen Odumah (Edo)

Hamza Mohammed Salau (Niger)

Ambassador Shehu Barde (Katsina)

Ambassador Ahmed Mohammed Monguno (Borno)

Ambassador Muhammad Saidu Dahiru (Kaduna)

Ambassador Olatunji Ahmed Sulu Gambari (Kwara)

Ambassador Wahab Adekola Akande (Osun)

The lists include four women among the career nominees and six women among the non-career nominees.

The nominees, once confirmed, are expected to be assigned to countries where Nigeria maintains strategic bilateral ties, including China, India, South Korea, Canada, Mexico, the United Arab Emirates, Qatar, South Africa, and Kenya, as well as Permanent Missions such as the United Nations, UNESCO and the African Union.

Last week, President Tinubu sent an initial list of three nominees to the Senate. Those nominees — Ambassador Ayodele Oke (Oyo), Ambassador Amin Mohammed Dalhatu (Jigawa), and Retired Colonel Lateef Kayode Are (Ogun) — are under consideration for postings to the United Kingdom, the United States or France.

President Tinubu has indicated that more ambassadorial nominees will be announced in due course.

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