On January 10, a court had through an exparte motion brought by AMCON, ordered the freezing of Tee Mac’s bank
By Jude-Ken Ojinnaka
A Federal High Court Lagos presided by Justice Daniel Osiagor on Friday July 15, discharged the order freezing the bank accounts of former president of Performing Musicians Employers Association of Nigeria, Dr Tee Mac Omatshola Iseli.
The court also granted an order striking out the name of Tee Mac from the suit as there was no reasonable cause of action against him.
Furthermore, the banks where the 2nd defendant/Applicant maintained accounts were also discharged from the order.
Recall that on January 10, 2022, the court had in an exparte motion brought by AMCON, against the first and second defendants, ordered the freezing of the 2nd defendant bank accounts in various commercial banks in Nigeria because of the alleged debt owed defunct Afribank Plc by the Performing Musicians Employers Association of Nigeria which was at one time under the leadership of Tee Mac, the 2nd defendant.
Without notice, his bank accounts were frozen on the orders of the court, thereby denying him access to his accounts which in effect affected his numerous financial obligations and appointments.
Displeased with the embarrassing development, he approached the court to discharge the order placed on his bank accounts.
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In a Motion on Notice dated 4th of May, filed 5th of May and moved on Friday 15th of July, 2022, the 2nd defendant/Applicant’s counsel Kola Olapoju on behalf of his client, sought an “order discharging or varying the Order of the court dated 10th January, 2022 freezing the Accounts of the 2nd defendant/ Applicant with various commercial banks in Nigeria; an order of the court striking out the name of the 2nd defendant/Applicant as there is no reasonable cause of action against him; and for such further or other Orders as the court may deem fit to make in the circumstances”.
The motion was brought pursuant to Section 50(2) of the Asset Management Corporation of Nigeria proceeding Rules 2018, Order 26 of the Federal High Court (civil procedure) Rules 2019, under the inherent jurisdiction of the court.
Tee Mac’s grounds for bringing the application are that he was the President of Performing Musicians Employers Association of Nigeria (1st defendant/Respondent) and left the office for over 10 years and had not been involved in the day to day running of the affairs of the Association since he left the office over a long time.
“That he(applicant) never gave a personal guarantee nor enjoyed any direct benefit from the transaction that led to this action.
“That he was/is Not a Director to the 1st defendant in the context of the provisions of the Companies and Allied Matters Act(CAMA) as adopted by the AMCON Act.
“That there was/is no allegation nor claim of misappropriation of the Association’s funds against the Applicant by the Association at any tribunal or Court of Law.
“That from the content of the claims as provided in the plaintiff’s Special Claim Form, there exists no reasonable cause of action against the Applicant in this action.
“That there was failure to give an undertaking as to damages before obtaining the Ex-parte order, in direct contravention of Order 12, Rule 3 (1) of the Federal High Court Asset Management Corporation of Nigeria (AMCON) proceedings Rules 2018.
Furthermore, there was failure to serve the Order and other originating processes on the applicant.
And consequently, the court has been denied the requisite jurisdiction to hear and determine the matter as presently constituted.
With the discharging of the Order by the court, the applicant can now operate his bank accounts without hindrances.
