Court contends multiplicity of suits in Ecobank/Honeywell case

Justice Dagat is still trying to contend with the lack of disclosure leading to different pending matters instituted by Ecobank before different courts on the same cause of action.

The judge was was puzzled by the multiplicity of suits involving Ecobank and Honeywell.

There are three suits pending before Justice Yunusa before he was eventually transferred out of Lagos. The suits are: FHC/L/CP/1689 between Ecobank V Honeywell Flour Mills Plc. FHC/L/CP/1570 between Ecobank V. Anchorage Leisures Limited and FHC/L/CP/1571 between Ecobank V Honeywell Group Limited.

The third matter above, involving Honeywell Group Limited came up today, 22 January, 2016 before Honourable Justice Dagat who is the new presiding judge in the matter.

When the matter was called, counsel to Honeywell Group Limited, Mr. Bode Olanipekun informed the court that argument on the application to discharge the ex parte order, granted by Justice Yunusa on 27 October 2015, freezing the account of Honeywell Group Limited had already been concluded.

In view of the fact that the order has expired by effluxion of time, Mr. Bode Olanipekun asked the court to formally discharge the exparte Order in line with Order 26, Rule 12 of the Federal High Court Rules.

Counsel to Ecobank, Mr. Kunle Ogunba stood up and asked the court to technically apply the ruling in the suit involving Honeywell Flour Mills Plc. which is different from this present suit. He informed the court that he had an agreement with the lead counsel to Honeywell that the ruling of 4 December, 2015 in the suit involving Ecobank V. Honeywell Plc. will be applied to all the other suits before the court.

Justice Dagat dismissed Mr. Ogunba’s argument and stated that the matters have not been consolidated, therefore the ruling in the Honeywell Flour Mills Plc matter cannot automatically be applied on the other suits.

Counsel to Honeywell, Olanipekun stated that there was no agreement with Mr. Ogunba to do anything against the rules of procedure of the Federal High Court.

He informed the court of Ogunba’s forum-shopping exercise and stated that Ogunba failed to abide by the rulings of Justice Tsoho and Justice Idris directing Ecobank to give notice to respondents and directing parties to maintain status quo ante bellum, respectively.

After hearing argument of both parties, Justice Dagat who exercise caution ruled that in view of the conflicting submissions by counsels, all suits relating to this matter are hereby adjourned to 18 February, 2016 for all learned counsels to argue on all pending applications.

Federal High Court Justices that are inheriting suits that were pending before their predecessors may become very cautious in presiding over these suits, in view of the fact that the information system of the Federal High court is not sophisticated enough for a judge to be aware of similar pending matters save for the information from counsels.

There is a need for the Federal High Court and all courts in Nigeria to deploy information system that would enable judges to be aware of similar matters in the same or different court, for effective and timely adjudication on matters.