Court restrains SEC from removing Oando directors – TheNigerialawyer

The Federal High Court in Lagos yesterday restrained the
Securities and Exchange Commission (SEC) from removing Mr Wale
Tinubu as Group Chief Executive Officer of Oando Plc.

The court also barred SEC from imposing a fine on Tinubu and
carrying out its decision to bar him and his deputy Mr Omamofe Boyo
from being directors of public companies for five years.

Ruling on an ex-parte application filed by Tinubu and Boyo
through their lawyers Mr Tayo Oyetibo (SAN), Yele Delano (SAN) and
Motunrayo Akinyemi, Justice Mojisola Olatoregun ordered parties to
maintain status quo.

SEC had on Friday announced the conclusion of an investigation
of Oando and ordered Tinubu and other affected board members to
resign.

The apex capital market regulator also said it barred Tinubu and
Oando Deputy Group Chief Executive Officer Boyo from being
directors of public companies for a period of five years.

It said on Sunday that it had set up an interim management team
headed by Mr Mutiu Sunmonu to oversee the company’s affairs and to
conduct an Extraordinary General Meeting on or before July 1 to
appoint new directors to the board, who would subsequently select a
management team

Tinubu and Boyo have filed a suit numbered FHC/L/CS/910/19 to
challenge the SEC decision.

In their ex-parte application, they sought “an order of interim
injunction restraining SEC, its servants, agents, employees and/or
privies from taking any step concerning or acting on its decision
contained in its letter of 31st May 2019 imposing a fine of
N91,125,000 on the first applicant and barring the first and second
applicants from being directors of public companies for a period of
five years pending the hearing and determination of the applicants’
motion for interlocutory injunction”.

They sought “an order of interim injunction restraining the
second respondent (Sunmonu) from acting as the head of the interim
management of Oando Plc pending the hearing and determination of
the motion for interlocutory injunction.”

The applicants’ sought an order staying or suspending the
enforcement of SEC’s decision imposing fine on Tinubu and barring
them from being directors of public companies for a period of five
years.

Tinubu and Boyo prayed the court for an interim injunction
restraining SEC or its agents from requesting any agency of
government to act upon the decision contained in the May 31 letter
pending the hearing and determination of their motion on
notice.

The application was supposed by an affidavit deposed to by
Boyo.

After hearing the applicants counsel, Justice Olatoregun ruled:
“That an interim order of injunction is granted within the prayers
sought.

“That parties are to maintain the status quo ante pending the
determination of the motion on notice.

“That this order is to be served on the respondents along with
the motion on notice as well as other processes.

“That an undertaking is to be filed indemnifying the respondents
in case it later turns out that these orders ought not to have been
made.

“That the case is adjourned to 14th of June 2019.”

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