Connect with us

News and Report

Emzor Pharmaceutical In N6.2B Debt Mess As Bank Files Winding-up Petition Against Firm

Published

on

 

Emzor Pharmaceutical Industries is literally swimming in a pool of debt scandal as Nova Merchant Bank Limited filed a winding-up petition before a Federal High Court sitting in Lagos, against the firm.

 

The bank is seeking to recover a loan of N6,205, 575,569.93 (Six Billion, Two Hundred and Five Million, Five Hundred and Seventy Five Thousand, Five Hundred and Sixty Nine Naira, Ninety Three Kobo) granted the firm.

 

The suit marked: FHC/L/CP/1044/2024 has been assigned to justice Chukwujekwu Aneke.

 

Listed as respondents in the suit are; Central Securities Clearing System Plc, Access Bank Plc, Ecobank Nigeria Limited, Citi Bank Plc, Fidelity Bank Plc, First City Monument Bank Plc, First Bank of Nigeria Limited.

 

Others are, Guaranty Trust Bank Plc, Jaiz Bank Plc, Keystone Bank Ltd, Polaris Bank Plc, Providus Bank Plc Stanbic Ibtc Bank Plc, Sterling Bank Plc, Standard Chartered Bank Plc, Union Bank of Nigeria Plc, United Bank For Africa Plc, TAJ Bank Limited, WEMA Bank Plc, and Zenith Bank Plc.

 

In a Motion on Notice filed by counsel to the bank, Mr. Oluwakemi Balogun SAN, he stated that the petitioner has issued on the respondent, the statutory three weeks demand notice required by Section 572 of the Companies and Allied Matters Act (CAMA) 2020.

 

He stated that the three weeks demand notice had since elapsed, yet the respondent has neglected to pay or to secure or compound for same to the reasonable satisfaction of the Petitioner.

 

Balogun stated that the respondent is unable to liquidate its indebtedness, by virtue of Section 574(1) of the Companies and Allied Matters Act (CAMA), Section 6(6) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, Rule 183 of the Companies Winding-Up Rules, 2001, and by JB Order 30 of the Federal High Court (Civil Procedure) Rules, 2019.

 

He stated that substantially the whole of the assets of the respondent are personal in nature and are liable to be dissipated, removed, destroyed, and or otherwise evaporated by the alter egos of the Respondent unless a restraining order is granted to prevent the res from being dissipated.

 

In an affidavit deposed in support of motion on notice deposed to by Azeezat Adeniji, a Principal Officer in the employment of Nova Merchant Bank, the deponent stated that upon an application by Emzor Pharmaceuticals Industries Limited, the Petitioner by an offer letter dated 55h April, 2022 with reference number NVB/22/CBG/APRIL/05/004, granted a 2 type credit facility to Emzor Pharmaceuticals Industries Limited.

 

The Facility Type 1 is in the sum of $4,583,333.00 (Four Million, Five Hundred and Ejighty-Three Thousand, Three Hundred and ThirtyThree United States Dollars Only) to finance importation of various raw materials while the Facility for the Facility Type 2 is in the sum of N500,000,000.00 (Five Hundred Million Naira Only) to augment working capital requirement of the company.

 

She stated that the securities for the Facilities are: (a) All Asset Debenture over fixed and floating Asset of the Respondent to be shared pari-pasu with other lenders. (Facility Type 1&2), and (b) Personal Guarantee of Stella Okoli (Facility Type 2 only).

 

The deponent added that by a Board Resolution passed on the 6th day of April, 2022, the respondent at its Board of Directors Meeting approved, authorized and appointed the Managing Director, Dr. Mrs. Stella Okoli and Executive Director, Mrs. Uzoma Ezeoke to execute the offer letter of the Petitioner dated 5th April, 2022 for the 2 type credit facility in the sum of $4,583,333.00, and N500,000,000.00 respectively.

 

The Mortgage Debenture Trust Deed entered into by parties and being managed by UTL Trust Management Services Limited and Coronation Trustees Limited was duly executed on the 1st of December, 2022. Annexed and marked as Exhibit NMB 3 is a copy of the Mortgage Debenture Trust Deed dated 11th of December, 2022.

 

Further to the above and as security for the facility, the Personal Guarantee of the Respondent’s Managing Director, Dr. Mrs. Stella Okoli was duly executed and notarized on the 13th of April, 2022.

 

By virtue of the clause titled “other conditions” in the offer letter of 5th April, 2022, the Respondent in paragraph 8 covenanted with the Petitioner that “all sums outstanding in Emzor Pharmaceutical Industries Limited accounts pursuant to the above shall become immediately payable upon the Bank’s first demand and interest shall accrue thereon at the Bank’s ruling rate for unauthorized facilities until the outstanding sums are fully liquidated”.

 

Also, by the 5th April, 2022 offer letter under the clause titled “legal and other expenses”, the Respondent covenanted to reimburse the Petitioner for all out of pocket expenses including solicitor fees that may arise in the enforcement of the terms of the offer letter. And such costs shall be added to the facility and all other monies owing under the terms of the offer letter and shall bear interest accordingly.

 

The deponent added ” I am aware that due to the recaicitrant attitude of the Respondent towards offsetting the debt, a need arose for the Petitioner to contract the services of a Solicitor in instituting this suit.

 

She stated that the Petitioner wrote a demand letter to the Respondent informing them of their obligations which have fully matured and yet to be serviced. Annexed and marked as Exhibit NMB 7 is a copy of the demand letter dated 15th February, 2024.

 

But, due to the Respondent’s continuous and unremitting default or inability to honour the covenants in the Offer Letter, the Petitioner caused a Statutory Demand Letter dated 20th of March, 2024 served on the Respondent.

 

Yet, the respondent failed, refused, and neglected to repay the loan advanced to them by the Petitioner despite several commitments.

 

Consequently, the Petitioner is seeking for an order of court appointing the Deputy Chief Registrar of the Federal High Court, Lagos, as Provisional Liquidator of the Respondent to take over and oversee the affairs and continuous running of the Respondent’s Company pending the granting of the Winding-up Order by this Honourable Court.

 

“An order of interlocutory injunction ‘restraining the respondents, their Directors, members of Staff, Management, employees, officers, agents, privies or any other person or group of persons whatsoever under the Respondent’s authority or any other authority (howsoever derived or sourced) from operating, withdrawing from and/or otherwise tampering with the Respondent’s funds under whatsoever name or guise in the cited Bank or financial institutions pending the grant of the Winding-up Order by this Honourable Court.

 

“An Order of Interlocutory injunction (restraining the Respondent, their agents, servants and/or privies from tampering with, alienating, transferring and/or otherwise’ dissipating or otherwise appropriating the Respondents’ fixed and movable assets howsoever described and called, pending the grant of the Winding-up Order by this Honourable Court.

 

“An order of court directing the cited Respondents listed as 1-20 on the face of this Motion Paper to hold and disclose by way of a sworn affidavit filed within five days upon being notified of the order of this honourable Court (and a copy served on the Petitioner’s Solicitors) particulars of all assets, monies, real estate, stock, funds, bonds, cash deposits, bank guarantees, letters of credit and all negotiable instruments in the name of the Respondents up to the sum of N6,205, 575,569.93 (Six Billion, Two Hundred and Five Million, Five Hundred and Seventy Five Thousand, Five Hundred and Sixty Nine Naira, Ninety Three Kobo) being the outstanding indebtedness of the Respondent to the Petitioner as at 5″ of June, 2024 pending the grant of the Winding-up Order by this Honourable Court.”

 

Justice

Aneke has adjourned the suit till July 12 for hearing.

Continue Reading
Advertisement

News and Report

FALSE CLAIMS STEMMING FROM MISINTERPRETED BOARDING VIDEO POST

Published

on

By

 

Our attention has been drawn to a video circulating online and on social media on the boarding of Air Peace passengers on flight P47123 from Abuja to Lagos on December 20, 2024. This report is false, mischievous and misleading.

The false video post was designed by some faceless individuals with the intent of misleading the flying public to cause confusion and distraction for management of Air Peace and its stakeholders including the regulators.

On the day in question, there were flight delays because of poor weather conditions, specifically harmattan-induced haze and fog, which is common at this time of the year, and which significantly limits visibility and impacts flight operations nationwide.

To ensure that passengers continued their journeys with minimum disruptions, Air Peace deployed three aircraft to Abuja to evacuate all the passengers. While processing them for their flights at the boarding gate, passengers overwhelmed both the FAAN and boarding officers and rushed to the airside. Duty managers and ramp officials then had to mount barricades in front of the motorized step to differentiate passengers on flights.

While we empathize with you, our loyal customer, we condemn in very strong terms the misinformation, insults and deliberate falsehood disseminated in the video post. Such representations are not reflective of our values or operations.

There is no truth in the allegation, and we urge the public to disregard the report in all its entirety.

We appreciate your understanding and patience during this period and sincerely regret any inconvenience these delays may have caused you. The safety of our passengers and crew is our utmost priority.

At Air Peace, safety is not just a priority but a fundamental precondition for all our activities. We remain committed to maintaining safe and timely operations.

For further assistance or inquiries, please contact us via callcenter@flyairpeace.com.

 

 

SIGNED

Dr. Ejike Ndiulo

Head, Corporate Communications

Continue Reading

News and Report

Christmas, Cash Scarcity and Attacks against CBN’s Proactive Stance – Toni Kan

Published

on

By

 

Let us look at a few figures……..

Nigeria’s population is put at a little over 200 million people while the UK population is about 68 million. This means that the Nigerian population is about three (3) times that of the UK.

As at June 2023, the UK banking system had about 49,421 Automatic Teller Machines and almost 2.3 million Point of Sales Terminals.

By contrast, the Nigerian banking system had a little over 22,600 ATMS according to TechCabal and is projected to reach 29,000 by 2029 according to Statista. Conversely, Nigeria boasted 1,665,664 POS terminals as at December 2022. Meanwhile, figures attributed to Inlaks, which is described as Nigeria’s biggest ATM operator, suggest that Nigeria needs at least 60,000 ATM machines to serve its population of over 200 million.

Where is all this going? Well to borrow a phrase from the comedian, Jeff Foxworthy; hold my beer, sir!

Those who know me well know what my favourite Igbo proverb is. It goes something like this in translation – “the disease that gives you warning, does not kill you!” It is a proverb that underlines the imperative of proactivity, what the Igbo people might call igba mbo.

So, I was really pleased when I read that the Central Bank of Nigeria (CBN) was taking a proactive step to ensure that there is no cash scarcity this Christmas.

Nigerians love cash and that love can become obsessive and reach fever pitch at festive periods. Have you been to Abeokuta during Ojude Oba? Or to Kano during the Durbar? Or Onitsha during Ofala? Those are regional festivities. So, you can imagine what happens at Christmas!

All efforts at driving a cashless policy and economy seem to collapse when festivities come around the corner and this year, the CBN was quick to take proactive action weeks before the festivities reach fever pitch. But the apex bank’s interventions seem to be having unintended consequences even though as at the time of writing this, the apex bank had put out three (3) different circulars and one press release around the issue.

First, is a not-so-surprising pushback from the banks and then a seeming lack of understanding by the general public no thanks to rampant mis-information.

The issue of cash scarcity around the Christmas period worsened under the sway of Godwin Emefiele at the CBN. The fall-out from the disastrous naira redesign he superintended over at the apex bank continues to haunt our banking vaults but Olayemi Cardoso and team are focused on making sure we turn that dark corner.

Let us begin with the first circular dated November 29, 2024: “Cash Availability Over the Counter in Deposit Money Banks (DMBs) and Automated Teller Machines (ATMs).” The circular had two sections: DMBs were directed to ensure efficient cash disbursement to customers Over the Counter (OTC) with the CBN insisting that it will enforce the directive and ensure compliance.

Secondly, members of the general public were encouraged to report instances where they are unable to get cash Over the Counter or through ATMs. The CBN ended with a list of 37 email addresses and phone numbers across the 36 states and FCT for reporting issues.

On paper, it looked like Nigerians and the cash worries were all sorted this Christmas but it didn’t take time for the expected pushback to occur. News reports began to circulate of long queues at banks and of ATMs struggling to dispense more than N10,000. “NAN reports that long queues have emerged at ATM stands around the city as residents struggle to have access to cash…Meanwhile POS operators are currently taking advantage of the situation to demand exorbitant charges on transactions.”

While Nigerians were still trying to make sense of the reason behind the long queues, another report had an official of the Association of Senior Staff of Banks, Insurance, and Financial Institutions (ASBIFI) pointing fingers. According to the report, “ASSBIFI President, Olusoji Oluwole, told the Punch that “Banks have only two sources of cash: the CBN and retailers. The CBN has not met banks’ demands, and retailers often sell cash for profit, making it harder for banks to access funds.”

As if in response to the charge, the apex bank responded “with their full chest” as we say on social media with a December 13, 2024 circular – Updated Penalty on Inappropriate Cash Disbursement Practices by Deposit Money Banks (DMBs) in which it condemned the “illicit flow of mint banknotes to currency hawkers and other unscrupulous economic agents that commodify naira bank notes thus impeding efficient and effective cash distribution to banks’ customers and general public.”

Giving bite to the circular the CBN said any bank found culpable of “facilitating, aiding or abetting, by direct actions or inactions, illicit flow of mint banknotes” would be fined N150m and then hit with the full weight of the relevant provisions of BOFIA 2020.

This time no pointing fingers were seen but the CBN was not done. Eager to completely squelch rumours around “the validity or lack thereof of the old ₦1000, ₦500, and ₦200 banknotes” the refusal of which was contributing to the long queues, the CBN issued a press release shutting it down: “The Central Bank of Nigeria (CBN) has observed the misinformation regarding the validity of the old ₦1000, ₦500, and ₦200 banknotes currently in circulation….the CBN wishes to reiterate that the subsisting Supreme Court ruling granted on November 29, 2023, permits the concurrent circulation of all versions of the ₦1000, ₦500, and ₦200 denominations of the Naira indefinitely.”

The third circular from the CBN which it said was in line with its “ongoing efforts to advance a cash-less economy” seems to have hit a raw nerve among Nigerians who, as we have already noted, love their cash even though it is now an offence to spray the naira.

News outlets also seemed to also get it wrong. The CBN circular of December 17, 2024 did not put a limit on how much cash you and I can withdraw from banks. The limits imposed in the circular titled – CIRCULAR ON CASH-OUT LIMITS FOR AGENT BANKING TRANSACTIONS – are “for agency banking operations” and as reported by TheCable is among interventions intended to address “identified challenges, combat fraud and establish uniform operational standards across the industry.”

Now, can I have my beer back as I attempt to outline how easily well-intentioned policies are rubbished by that euphemistically named malady known as the “Nigerian factor”.

The ASBIFI official was quick to point fingers even though simple logic can show that Over the Counter cash scarcity and at ATMs has little to do with the CBN or its cash distribution operations but with our Nigerian any-how-ness.

Let’s consider this. How is it that banks cannot fill up 22,600 ATMS, most of which are within or in close proximity to their branches but can afford to give cash to 1.6m PS operators? Doesn’t this seem to suggest that someone is out to make sure that the ATMs don’t have cash while the PoS operators continue to make a killing?

And why does it seem right that Nigerians should continue to pay between N250 and N400 per N10,000 withdrawals to PoS operators when ATM charges are far lower at N35 and only after you have made multiple withdrawals from other bank ATMs?

Oh, bankers have said ATMs are difficult to maintain on account of several factors and this takes us back to the figures we shared from the UK. Of the 49,421 ATMs in the UK, “78% were free to use” during the period under reference. So, why do we always talk about maintenance when it comes to Nigeria? Imagine if we paid N10 per ATM transaction, wouldn’t that be better than paying N250 to a PoS operator for every N10,000 withdrawn?

And for context, in 2014, data on various e-payment channels indicated that Automated Teller Machines (ATMs) remained the most patronised payment mode in Nigeria accounting for 89.7% of all electronic transactions with PoS transactions accounting for just 4.58 per cent. Today, the reverse is the case and the question to ask remains; what changed? The answer has something to do with financial inclusion but that is a topic for another day.

As you ponder that poser, ask yourself why is it always difficult to get mint bank notes over the counter in the banks meanwhile, step into any event center and you will see some hawker waving bright new notes in your face. Surely, they don’t get those notes from the CBN.

When the CBN referenced the Supreme Court ruling granted on November 29, 2023 to the effect that the old notes are still legal tender, their X Formerly Twitter page was filled with bile. But what many are failing to contend with is that the current leadership is only trying to make sure the mess they inherited doesn’t get worse.

As we prepare for Christmas and the New Year the advice is simple; go to your bank and ask for your money or withdraw from the ATMs and if you suspect any funny business, email or call the hotlines provided by the CBN.

Say no to any-how-ness this yuletide.

 

Toni Kan is a PR expret and financial analyst.

 

 

 

Continue Reading

News and Report

Aviation Minister Leads Delta APC Leadership To National Chairman, Advocates Unity Ahead of 2027 Elections

Published

on

By

 

The Honourable Minister of Aviation and Aerospace Development, Olorogun Festus Keyamo SAN, today, led the leadership of the All Progressives Congress (APC) in Delta State, to the National Chairman of the APC, His Excellency Dr. Abdullahi Ganduje, at the APC National Headquarters in Abuja.

 

During the meeting, the Delta APC leaders briefed the National Chairman on the current state of the party in the state and the ongoing efforts to reconcile party members. They presented the report of the Reconciliation Committee, which has been approved by the Delta State APC State Working Committee (SWC) and earlier submitted to the National Chairman.

The delegation emphasized the importance of collaboration, stating that the era of a one-man leadership style in Delta APC is over. They reaffirmed their collective commitment to working as a united team to reposition the party and strengthen its prospects ahead of the 2027 general elections. This new direction was evident in the composition of the high-powered delegation that visited the National Chairman.

 

In his response, the National Chairman, Dr. Abdullahi Ganduje, commended the Delta APC leadership for their efforts to foster unity and ensure the party’s victory in future elections. He assured them of his commitment to work with Delta APC leaders, including those absent from the meeting, to build a united and formidable front. During the meeting, Dr. Ganduje also spoke with Delta State APC Chairman, Elder Omeni Sobotie, who was unavoidably absent due to health reasons, and wished him a swift recovery following his recent surgery.

 

The delegation to the meeting comprised prominent leaders of the Delta APC, including: Olorogun O’tega Emerhor, OON-Founding Leader of APC in Delta State,

Elder Godsday Orubebe- Former Minister,

Senator Ede Dafinone,

Senator Joel Thomas-Onowakpo,

Rev. Francis Waive- Member, House of Representatives and

Hon. Victor Ochei-former Speaker, Delta State House of Assembly.

The meeting was concluded with a renewed sense of purpose among the Delta APC leaders and a shared commitment to repositioning the party for electoral success in 2027.

 

 

Continue Reading

Trending