Metro
GTBank Loses Bid To Reclaim MKO Son’s Lagos Mansion

The Court of Appeal, Lagos Division, has overturned a 2013 judgment of the Federal High Court, which allowed Guaranty Trust Bank Plc to foreclose on a N30bn 44-room mansion in Ikoyi, Lagos, belonging to Alhaji Agboola Abiola, son of the late business mogul and politician, Chief M.K.O. Abiola.
A Certified True Copy of the ruling in Appeal No. CA/L/888/2014, obtained by The PUNCH showed that the appellate court found significant discrepancies in the execution of the tripartite legal mortgage that GTBank relied on to secure the loan.
The unanimous judgment, delivered by Justice Paul Aimee Bassi, with Justices Polycarp Kwahar and Abdulaziz Anka concurring, held that the trial court erred in failing to properly evaluate serious allegations of forgery and fraud raised by the appellants.
The appeal stemmed from a June 20, 2014, decision by the Federal High Court in Lagos, which granted reliefs sought by GTBank in a motion filed on April 8, 2014.
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Dissatisfied with the ruling, the appellants, represented by Dr Charles Adeogun-Phillips (SAN), filed a four-ground notice of appeal.
The main issues before the court included whether GTBank had the right to regularise its affidavit after the matter had been adjourned for judgment, whether the trial court rightly granted the bank’s reliefs, and whether a valid legal mortgage existed to justify the bank’s appointment of a receiver over the Ikoyi property.
In his lead judgment, Justice Bassi ruled that the mortgage instrument relied on by the bank was fundamentally flawed and incapable of conferring any right of foreclosure.
While the first appellant, RCN Networks Ltd, acknowledged executing the deed, the second appellant, Agboola Abiola, denied signing it.
He claimed that the execution page bearing his signature had been fraudulently lifted from a different document and inserted into the mortgage deed.
READ ALSO: US court Jails Five Nigerians 159 Years For $17m Fraud
The appellants also accused GTBank of consolidating two separate loans one of N508m and another of N1bn without their consent.
They alleged that after liquidating the shares pledged as collateral under the N508m loan, the bank improperly attempted to use the same execution page to enforce the N1 bn loan.
Meanwhile, police investigations that were conducted yielded inconclusive results.
In one of the reports, arbitration was recommended between the parties, while another dismissed the forgery allegations.
Nevertheless, the appellate court held that such reports could not resolve the lingering doubts surrounding the authenticity of the document in question.
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Justice Bassi noted several irregularities in the pagination of the deed.
The main pages were numbered from “2 of 9” to “9 of 9,” while the execution page carried the notation “11 of 17,” indicating that it was likely sourced from an entirely different document.
He criticised the trial court for overlooking these anomalies and focusing solely on the interpretation of Clause 6 of the mortgage deed.
According to the appellate court, a document whose authenticity is in dispute cannot form the basis for adjudicating parties’ rights and obligations.
Justice Bassi held: “The lower court erred by ruling on a document whose authenticity was seriously in question. This appeal succeeds.
“The judgment of the lower court dated June 20, 2014, is hereby set aside. Parties shall bear their respective costs.”
(PUNCH)
Metro
Ex-convict Arrested In Edo For Armed Robbery, Possession Of Firearm
The Edo State Security Corps (ESSC) has arrested a 45-year-old ex-convict, Owen Osas, for alleged unlawful possession of firearms and suspected involvement in a robbery incident.
Osas was reportedly arrested with a cut-to-size single-barrel gun during a covert operation along Fishpond Road in Eyean, Uhunmwonde Local Government Area.
The arrest reportedly comes barely a year after he was released from prison, where he had served time for illegal possession of firearms and other criminal offences.
Osas, who confessed to the latest crime, also admitted to being a member of the Eiye Confraternity.
READ ALSO:Tragedy As Suspected Kidnappers Kill Young Entrepreneur In Edo
Consequently, a victim of an alleged robbery incident, Reginia Izy, identified Osas as the person who robbed her a day before his arrest.
The victim narrated that the suspect had approached her residence around 8 p.m., pretending to be familiar before carrying out the attack.
The Deputy Commander Operations of ESSC, Richard Balogun, said the arrest was part of intensified efforts to rid Edo State of criminal elements.
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Balogun explained that operatives conduct both overt patrols and covert operations to track and apprehend suspects.
He said, “Our men are always on patrol. Some operate in plain clothes as part of covert strategies, while others are stationed at strategic locations.
“Osas, who is a former convict, was arrested with firearms and he also confessed to be a member of the Eiye Confraternity.”
Metro
Gunmen Kidnap Businessman In Ibadan
Gunmen suspected to be kidnappers have abducted a 60-year-old man in Ibadan, the Oyo State capital.
The victim was kidnapped on Saturday while on his way to his residence.
The incident occurred at Jinarere, Alakia in Ibadan.
Public Relations Officer of the State Police command, Olayinka Ayanlade, when contacted, confirmed the incident.
READ ALSO:Gunmen Abduct 60-year-old Trader In Oyo
Ayanlade in a statement made available to DAILY POST on Sunday, explained that efforts are ongoing to rescue the victim.
Ayanlade said, “Preliminary information reveals that the victim, a 60-year-old male and building materials trader, was accosted while returning home along the Jinarere axis of Alakia Road by four masked armed men, who forcefully whisked him away in an unregistered ash-coloured Toyota Corolla vehicle”.
Metro
Tragedy As Suspected Kidnappers Kill Young Entrepreneur In Edo
A 30-year-old entrepreneur and CEO of Principle Takeout, Justice Abu Oshioke, has been killed by suspected kidnappers in Ekpoma, Esan West Local Government Area of Edo State.
He was reportedly attacked by the suspected kidnappers on Saturday while on his way to pick up an order made for his child’s dedication on Sunday morning.
Eyewitnesses said the attackers attempted to force him into a nearby bush in a kidnapping attempt. However, he reportedly resisted and tried to escape.
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In the course of the struggle, the assailants opened fire, shooting him multiple times.
Concerned residents quickly rushed him to a nearby medical facility, but he was confirmed dead on arrival.
The deceased was said to have recently gotten married and welcomed a baby boy.
The tragic event has turned a joyous occasion into a moment of grief for the family.
READ ALSO:Edo NLC Divided Over May Day Celebration
The shocking development has left the Ekpoma community in deep sorrow, with many residents expressing outrage over the growing insecurity in the area.
Edo State Police Command’s spokesperson, Eno Ikoedem confirmed the incident and said the Commissioner of Police, Monday Agbonika has ordered a “full-scale investigation and intensified manhunt for those responsible.”
According to her, the Police, in collaboration with the military, local vigilantes, and hunters, are actively pursuing the perpetrators through coordinated operations.
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