The Director of MKO Abiola’s HOPE ’93 Campaign Headquarters, Senator Jonathan Zwingina and his company, Grandview Investment Limited, have been dragged before a Federal High Court in Lagos by the Asset Management Corporation of Nigeria, AMCON, over a debt of N38,590,288.50
In a statement of claim accompanied by a sworn deposition of the Accounting Officer of AMCON, Mr. Funso George, and filed before the court, the deponent averred thus:
- The first Defendant Grandview Investment Limited is a private limited liability Company registered under the Companies and Allied Matters Act, 2004 (now Amended in 2020) with its registered address at 21, Kashim Ibrahim Way, Jimeta, Yola, Adamawa State and its business address Suit 2, City Plaza, Plot 596, Ahmadu Bello Way, Abuja.
- The second Defendant, Senator Johnathan Zwingina, is the Chief Executive Officer of the Company who gave a personal guarantee as a security for the facility obtained by the company from Fountain Trust Bank (Now Heritage Bank) with his personal guarantee and promissory notes.
- At all material times, there was a banking relationship between the company and Fountain Trust Bank (now Heritage Bank) to which they applied for and were granted credit facility by the bank.
PARTICULARS OF INDEBTEDNESS
The Plaintiff said that between 29 November, 2002 and 20 March, 2003, the bank offered loan in the sum of N30 million to meet business needs of the Defendants and that in all cases and at all times, the Defendants accepted the offers made by Fountain Trust Bank (Now Heritage Bank).
AMCON said the loan facility has since fallen due for repayment but the Defendants have failed, refused and neglected to make repayment as agreed by the parties, as several letters were written to the Defendants for the repayment of the outstanding indebtedness but the Defendants failed, refused and neglected to repay the loan.
However, by Loan Purchase and Limited Servicing Agreements dated 6 April, 2012 the Plaintiff acquired the defendants’ debt from Heritage Bank and thereby assumed the position of the original lenders of the Facilities to the Defendants.
The Plaintiff further averred further:
- That upon acquisition of the debt, the total outstanding amount loan with accrued interest is in the sum of N38,590,288.50 (Thirty-Eight Million, Five Hundred and Ninety Thousand, Two Hundred and Eighty-Eight Naira, Fifty Kobo).
- That interest as agreed on the facility continues to accrue on the said outstanding sum till the outstanding debt is liquidated.
- That despite several demands from the Plaintiff, the Defendants have failed, refused and/or neglected to pay the outstanding debt owed to the Plaintiff.
Consequently, AMCON claims against the Defendants as follows:
- A declaration that the Defendant is indebted to the Plaintiff in the sum of N38,590,288.50 (Thirty Eight Million, Five Hundred and Ninety Thousand, Two Hundred and Eighty Eight Naira, Fifty Kobo) which is the amount sum owed and continues to accrue interest per annum till date.
- An order freezing all the bank accounts held or maintained by the defendants and/or financial institutions listed before the court.
- An order freezing all the bank accounts to which the Defendants are a signatory either alone or with any other person(s)in any of the banks and/or final institutions listed before the court pending the hearing and final determination of the Applicant’s substantive suit.
- An order of Interim Injunction restraining all the banks and/or financial institutions listed before the court above from releasing or dealing in any manner howsoever with the monies, negotiable instruments, chooses in action held in the account(s) maintained by the Defendants or monies held in any account(s) to which the Defendants are signatories pending the hearing and final determination of the Applicant’s substantive suit for debt recovery against the Defendants.
- An order directing all the listed banks and/or other financial Institutions in Nigeria that are in possession of the monies of the Defendants to pay all such monies into an interest yielding account to be opened by the Chief Registrar of the Court, howsoever designated and standing to the credit of the Applicant and any account(s) to which the Defendants are signatory up to the amount of the Plaintiff/Applicant’s claim in the sum of N38,590,288.50 (Thirty Eight Million, Five Hundred and Ninety Thousand, Two Hundred and Eighty Eight Naira, Fifty Kobo) which is the amount sum owed and continues to accrue interest per annum till date.
- 25% interest on the Judgment sum from March 2023 until same is fully liquidated.
- The cost of this legal action.