By Onyewuchi Ojinnaka
A defence witness in the hearing of ongoing legal battle between Honeywell Group of Companies and Ecobank Nigeria PLC over a disputed N5.5 billion debt, Mr Elemi Agbor, on Monday reversed himself from the earlier evidence he gave last Friday when he admitted that payment of N3.5billion concessionary payment granted to Honeywell Group was tied to the exit of the Central Bank of Nigeria (CBN)’s Examiners from the bank.
While giving evidence last Friday before a Federal High Court sitting im Lagos, Agbor had insisted that payment of the concessionary N3.5billion was not tied to the exit of the CBN’s Examiners.
But at the resumed hearing of the matter before Justice Ayotunde Faji on Monday Mr Elemi Agbor a staff of Ecobank Nigeria while
under cross examination from Honeywell counsel, Mr Bode Olanipekun(SAN), told the Court that after refreshing his memory, he would be changing a piece of evidence which he had given earlier in his testimony that the payment of the concessionary sum of N3.5 billion was not tied to the exit of the CBN’s Examiners from the bank.
The witness who said the CBN Examiners came into Ecibank in July, 2013, however claimed that he did not know the number of the examiners nor have any personal interaction with them.
When asked if the plaintiff, Oba Otudeko was informed about the exit date of the Examiners from the bank, the witness said the bank did not communicate the plaintiff on the ground that Otudeko being an astute banker was believed to have known the exit date.
” Otudeko brokered the concession agreement on behalf of the three Honeywell Group’s subsidiaries and because of his knowledge of banking sector of over 23 years and being Chairman of the board of many banks , it was common knowledge that he knew the exit date”.
When asked if he knew one Mr Jubril Aku who was the Vice Chairman of the Banker’s Committee that gave judgement in favour of Honeywell when the matter came before the committee, Agbor said he knew Aku as the then Managing Director of Ecobank, adding however that Ecobank participated in the committee’s activities in protest.
Meanwhile, further hearing on the matter has been adjourned till Thursday January 17.
It would be recalled that when the matter came up for hearing last Friday, first plaintiff witness Oluwakemi Olanrewaju Owasanoye, Head of Treasury and Finance to Honeywell Group of Companies, while under cross examination by Ecobank’s counsel, Mr. Divine Agbua, told Justice Faji that by an agreement dated July 22, 2013, the company at a meeting with the then Oceanic Bank Limited agreed to merge all the indebtedness of the company’s three subsidiaries and put the total indebtedness at N3.5 billion.
Owasanoye added that part of the agreement was that N500 million of the debt must be paid immediately, while the balance of N3 billion must be paid before the exit of the Central Bank of Nigeria,( CBN) Examiners from the bank.
The witness stated that Honeywell Group complied with the agreement by paying N500 million same day, July 22, 2013 and also ensure the payment of the balance of N3 billion before the exit of the CBN Examiners from the bank.
According to the plaintiff’s first witness, after complying with the terms of the agreement, the company wrote the Bank, informing the bank of its compliance with the terms of the agreement and the need for the bank to discharge her of any obligation.
The witness added that the bank in its reply to the letter did not say anything contrary.
The witness further gave evidence that the company was surprised when after a year, the bank came up via a letter, to make further demand of the alleged indebtedness which had been fully liquidated.
Owasanoye also confirmed that the entire money was paid in four tranches of N500 million, N850 million, one billion, N1.15 billion and that all the money was paid before the exit of the CBN Examiners in line with the terms of agreement.
She told the court that when the dispute arose, the matter was referred to the Bankers’ Committee consisting of bank managing directors, representative of the CBN and the Nigeria Deposit Insurance Corporation (NDIC), adding that the matter was resolved in favour of Honeywell.
However, in his own evidence, Ecobank’s witness, Mr Elemi Agbor, while being cross examined by Honeywell lawyer, Mr Olabode Olanipekun (SAN), insisted that the agreement for the payment was for a two term payment only.
He said the agreement stipulated that N500 million must be paid that same day and the balance immediately thereafter but Honeywell breached the term that same day.
However, when asked about the time the first tranche of N500 million was paid, the witness said on the same day July 22, 2013, but with a letter.
When further asked about the importance of the exit of CBN Examiners to the terms of payment as contained in the terms of agreement, Agbor said ” I don’t know if payments were tied to the exit of the CBN Examiners”
When also asked to show where in his statement on oath it was stated that the payment must be made twice, the witness said “I can’t find it”.
The legal battle over the disputed N5.5 billion debt commenced afresh on Thursday before Justice Ayotunde Faji following the elevation of the former trial judge, Justice Mohammed Idris to the Court of Appeal.
It would be recalled that at the last hearing of the matter, the former trial judge, Justice Idris (now Appeal Court Judge) adjourned the matter indefinitely following an interlocutory appeal filed by Ecobank Plc challenging his refusal to recuse himself from hearing the matter.
However, when the matter resumed last Thursday, both parties agreed to adopt all exhibits and statements on oath earlier tendered in the matter before the former trial judge, (Justice Idris) and the court consequently consented to the agreement.
Upon the consent of both parties, the first plaintiff’s witness, Oluwakemi Olanrewaju Owasonoye, Head of Treasury/Finance of Honeywell Group of Companies, who was led in evidence by Honeywell’s lawyer, Mr. Olabode Olanipekun (SAN), was subsequently asked to enter the witness box so as to adopt her earlier statements on oath, which she did.
Following the plaintiff’s witness adoption of her statements on oath, lawyer to Ecobank Plc, Mr. Divine Agbua informed the court of a pending motion to call additional witness dated March 7, 2018. This was moved and subsequently granted by the trial judge.
Ecobank Plc’s lawyer also sought for an adjournment till Friday, to cross-examined the plaintiff’s witness.
The suit which was filed by Honeywell Flour Mills Plc, and its sister company – Anchorage Leisures Limited against Ecobank Nigeria Limited is urging the court to hold that they are not indebted to Ecobank.
However, Ecobank Plc is claiming that Honeywell and its sister companies are indebted to it in the said sum, by refusing to comply strictly with the terms of agreement dated July 22, 2013 by which all the company”s indebtedness were merged and the company asked to pay a concessionary sum of N 3.5 billion.
