Federal High Court Sets Aside GHL’s Receivership Order, Dismisses AMCON’s Suit

Stories by Steve Aya

The Federal High Court, Coram Aluko J. on 12th December, 2025, delivered it’s ruling on the Notice of Preliminary Objection filed by Mr Nduka Obaigbena, challenging the jurisdiction of the Court to entertain the suit that was filed by AMCON’s purported Receiver, Mr Seyi Akinwunmi, seeking to give effect to the the purported receivership over General Hydrocarbons Limited (GHL) and it’s assets. 

In delivering it’s ruling, the Court agreed with Mr Nduka Obaigbena’s objection that the suit was an abuse of court process, because of the prior existence of Suit No. FHC /L/CS/1903 /2025 – General Hydrocarbons Limited v. AMCON & 3 Ors. The Court also noted that Mr Seyi Akinwunmi and his Counsel, commenced this suit in in breach of the clear orders of Hon.

Justice A. Lewis-Allagoa in Suit No. FHC/L/CS/1903/2025, made on 23rd September, 2025, wherein AMCON and it’s agents, privies, nominees, etc, were prohibited from appointing or continuing with the appointment of a Receiver over GHL and it’s assets.

The Court agreed that Mr Oluseyi Akinwunmi, having been appointed by

AMCON, was an agent of AMCON, and thereby bound by the orders of Allagoa J. in Suit No. FHC/L/CS/1903/2025 against AMCON.The Court also acknowledged that Mr Seyi Akinwunmi and his Counsel, Mr Bidemi Ademola-Bello, SAN, deliberately suppressed facts in commencing this suit

and securing the interim orders against GHL and its assets. The Court also took the position that, if Mr Seyi Akinwunmi and his Counsel had disclosed the existence of the prior orders of Allagoa J. in Suit No. FHC/L/CS/

1903/2025, it would not have granted the interim orders of 24th October, 2025.

The court also examined the issue of the subject-matter and parties in the suit before Allagoa J. and the present suit, and found them to be the same or very similar, and did not see why there was a need to institute a fresh action  over the same subject-matter (by the same parties), when there already exists a prior substantive Suit in the same court capable of addressing all the issues between the parties.

On the basis of the foregoing, the court agreed that this suit was an abuse of court process, having been commenced in violation of the prior orders of Allagoa J. in Suit No. FHC/L/CS/1903/2025. The Court also noted that the action by Seyi Akinwunmi and his Counsel, Bidemi Ademola-Bello, SAN, was capable of impugning the credibility of the judicial process, and was a clear waste of the Court’s time and resources which should be frowned upon.

Accordingly, the court dismissed the suit and set aside its interim orders made on 24th October, 2025.