Law Firm Sued Over Intrusion On Premises

A Nigerian oil support service industry expert, Mr. Scott Gregory, has slammed a N10 billion suit on a Lagos law firm, Ajumogobia and Okeke, over an alleged intrusion into the business premises of a limited liability company, West African Oilfield Services Limited.

Also joined as co-defendants in the ensuing legal battle are two lawyers in the law firm of Ajumogobia and Okeke, Patrick Osu, and Ukiri Ovie. Others are  West African Oilfield Services Limited, WGL International Limited having its address as Tortola VG 1110, Hydrodive Nigeria Limited and its official Gregory Goldberg and Registrar General, Corporate Affairs Commission.

In a statement of claim filed before a federal high court in Lagos, southwest Nigeria, on behalf of the plaintiff by a Lagos lawyer, Barrister Abiodun Owonikoko, SAN, the plaintiff alleged that sometime in 2007, he convinced the owner of WGL International Company, an American private equity group to make a joint take over bid of West African Oilfield Services company which was successful.

In pursuance of the bid, all the parties acting as a group entered into an agreement to execute a Share Purchase Agreement, SPA, in accordance with their respective rights and interest in the company were defined.

By the agreement, the parties agreed and assured the plaintiff to be granted five per cent in the issued and paid up share capital of the company and it shall be registered as such, while the plaintiff by a separate contract agreed to take employment with the company as president and chief operating officer of the company in an executive capacity and he shall remain as such till 31 March, 2008. Consequently, an agreement was caused to be prepared on the instruction of WGL International by the law firm of Ajumogobia and Okeke, but it was never signed due to the clause that permits WGL International Limited as their sole election and discretion to dispose off their shares of the purchased equity in the company to a third party other than the plaintiff.

The plaintiff averred that by reason of the reserved shares conveyed to him in the equity of the company, he is a holder of five percent shares in the company which qualifies him as a minority shareholder of the company and therefore entitled to the benefits pertaining thereto and protection from the oppression by the WGL International Company which holds not less than 90 percent of the paid up capital of the company.

It was further averred that since 2007, no Annual General Meeting has been held as effort made by the plaintiff to see that meetings are summoned proved abortive.

In October, 2011, the representative of WGL International during a management meeting informed the plaintiff of the intention of the company to fully divest their 90% equity from the company. The intended divestment was stated in favour of entities whose identity were not disclose and consequently, a dummy share purchase agreement was made available to the plaintiff.

The plaintiff objected to the purported share purchase, in the sense that the terms of project participation objected to are such that the plaintiff would be deprived of expected bonus accruable from the on going projects won by the effort of the plaintiff on which he is qualified for bonuses.

However, one of the immediate results of the effort of the plaintiff led to the payment of outstanding debt by one of the company, West African Oilfield Services Limited’s clients in the sum of N134,929,811.71, but much to the embarrassment, the sudden realisation of the potential of huge contracts been won by the company triggered WGL International Company to resort to under hand and oppressive resolve to unlawfully dislodge  the plaintiff from the company, so  as to pave way for complete take over of ownership of the company, its operations and all contingent assets and profits to the prejudice of the plaintiff.

On 22 December, 2011, while the plaintiff was abroad, he received a mail from the office of Ajumogobia and Okeke containing a letter dated 16  December, 2011 from WGL International Limited purportedly terminating his appointment.

Thereafter, the plaintiff alleged further that the defendants purporting to rely on the alleged termination of his appointment on 22 December, 2011, forced their way into the premises of West African Oilfield Services Limited both in Lagos and Port Harcourt, using of armed mobile policemen to drive away other employees from the premises.

In view of this scenario, the plaintiff, while claiming the sum of N10 billion for the benefit of the company by reason of the unlawful intrusion of the defendant, urged the court to restrain the defendants from forcefully taking over the business premises of the company.