Justice John Tsoho, FHC Chief Judge.
A Federal High Court, Abuja has dismissed the suit challenging the late Kalabari High Chief, O.B. Lulu-Briggs’ transfer of his shares in Moni Pulo Limited to his wife, Dr. Seinye O.B. Lulu-Briggs, his daughters and the O.B. Lulu-Briggs Foundation.
The suit was filed by the chairman of Platform Petroleum, Chief Dumo Lulu-Briggs and three others.
Justice James Kolawole Omotosho while throwing away the case noted that Dumo’s suit, marked FHC/ABJ/CS/1481/2021, was the same as suit FHC/ABJ/CS/1576/2019, which was discontinued by Justice Taiwo Taiwo on September 30, 2021, and which is pending on appeal before the Court of Appeal. The judge held that Dumo’s suit was a gross abuse of court processes.
The 1st to 4th plaintiffs in the suit marked FHC/ABJ/CS/1481/2021 are Senibo Lulu-Briggs, Dumo Lulu-Briggs, Sofiri Lulu-Briggs, and ‘Chima Onimin Lulu-Briggs.’The defendants are Mrs Seinye Lulu-Briggs, Incorporated Trustees of the O.B. Lulu-Briggs Foundation, Rachael Lulu-Briggs, Solate Ovundah-Akarolo, Moni Pulo Ltd and the Corporate Affairs Commission (CAC).
The defendants challenged the plaintiffs’ claims and asked the court to consider if having “freely, unequivocally and fully” transferred their entire shareholding to the late O. B. Lulu-Briggs in two settlements and having received consideration which the plaintiffs acknowledged as valuable and sufficient for such transfer ($3million to Dumo Lulu-Briggs in 2003 and the other $5million to Dumo Lulu-Briggs, Senibo Lulu-Briggs and Sofiri Lulu-Briggs in 2004), whether the plaintiffs could rightly turn around to impugn the said share transfer.
They also asked the court whether the action was not statute-barred, having been filed 12 years after the date of the consent judgment on May 18, 2004.
Justice Omotosho, in a February 15, 2023 ruling as gathered by our correspondent, agreed with the defendants.
He held: “I hold without hesitation that filing a fresh suit on a subject between parties on appeal is an abuse of court process.”
“The fresh suit as in the instant suit is nothing than to overreach and make the outcome of the pending appeal nugatory…Filing this instant suit on the same subject matter and reliefs and against the same parties is vexatious and nothing more than a gross abuse of the process of the Court.”
Justice Omotosho further agreed with the argument of the 1st to 5th defendants that the suit was an abuse of court process.
He added: “This court will not allow its processes to be used in such a frivolous and vexatious manner. Consequently, the instant suit before the court is hereby declared to be an abusive process and as such, it is dismissed.”
“Having dismissed the suit for being an abuse of court process, the other issue formulated goes to no issue.”
The plaintiffs had asked the court to annul an earlier agreement between Dumo, his two brothers and their father, the late O.B. Lulu-Briggs.
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