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16th July, 2022
A Federal High Court in Lagos has 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 Dr Tee Mac Omatshola Iseli from the suit as there was no reasonable cause of action against him.
In addition the banks where he maintained accounts were also discharged from the order.
On January 10, 2022, Justice Daniel Osiagor ordered the freezing of Tee Mac’s 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 his leadership.
The order arose from an exparte application filed before the court by Assets Management Corporation of Nigeria AMCON, against the defendants.
Displeased with the embarrassing development, Tee Mac approached the court to discharge the order.
In an application filed 4 May and argued before the court by his lawyer Kola Olapoju, Tee Mac sought an order discharging or varying the Order of the court.
Olapoju also sought an order to strike out Tee Mac’s name from the suit as there is no reasonable cause of action against him.
AMCON did not oppose the application
Tee Mac’s grounds for bringing the application were that he left the office as President of Performing Musicians Employers Association of Nigeria over 10 years ago and had not been involved in the day to day running of its affairs.
He said he also never gave a personal guarantee nor enjoyed any direct benefit from the transaction that led to the legal action.
He was 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 no allegation nor claim of misappropriation of the Association’s funds against him by the Association at any tribunal or any 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 him in this suit.
“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 him.
Consequently, the court has been denied the requisite jurisdiction to hear and determine the matter as presently constituted.
Based on the argument canvassed by Mr.Kola Olapoju and his submission, Justice Daniel Osiagor discharged the order.
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