In a dispassionate counter-affidavit, Hayatu Hassan Hadejia has individually and collectively, on behalf of Seltrix Limited, denied holding in trust the controversial 43,000,000 (Forty-three million) ordinary shares of Emerging Markets Telecommunication Service (EMTS), the holder and operator of 9Mobile Telecommunication licence for Abubakar Funtua Isa (referred to in the application as Abubakar Ismaila Isa) as claimed in a suit filed against him and others before a Federal High Court in Abuja.
Amongst other reliefs, the Plaintiff seeks: “A Declaration that he is the beneficial owner of the 43,000,000 (Forty-three Million) ordinary shares held in trust for him by the 1st Defendant (Seltrix Limited) in the capital of the 3rd Defendant (Teleology Nigeria Limited).
“A declaration that the acquisition of the 43,000,000 (Forty-three Million) ordinary shares purportedly transferred or surrendered to the 3rd Defendant (Teleology Nigeria Limited) in breach of the 1st Defendant’s (Seltrix Limited) duty as Trustee of the Plaintiff and in contravention of Clause 48 of the Memorandum and Articles of Association of the 1st Defendant (Seltrix Limited) is null, void and of no effect.
“That the purported registration of the transfer by way of surrender/gift of Forty-three Million (43,000,000) ordinary shares held by 1st Defendant (Seltrix Limited) in the capital of the 3rd Defendant (Teleology Nigeria Limited) is unlawful, null and void.”
As the second Defendant in the said suit, a director and the majority shareholder of the first Defendant, Seltrix Limited, on whose consent he deposed a counter-affidavit, Hayatu insists that the Plaintiff’s Motion dated January 27, 2025 but filed on January 28, 2025 is nothing, but a cocktail of lies fabricated to mislead the Honourabe Court.
He dares the Plaintiff to present substantial evidence of trusteeship undertaken with him or Seltrix Limited regarding the purported Forty-Three Million (43,000,000) ordinary shares in the capital of the third Defendant, Teleology Nigeria Limited, or with regards to any issue connected to the subject matter of the suit.
Describing the Plaintiff’s application as a reckless ‘abuse of the Process of the Honourable Court’, Hayatu seeks the same to be dismissed with substantial costs awarded against the plaintiff.
Similarly, in a joint Notice of Preliminary Objection, the 3rd Defendant (Teleology Nigeria Limited), 4th Defendant (Mohammed Edewor), 5th Defendant (Emerging Markets Telecommunication Services Limited), 8th Defendant (LH Telecommunication Limited) and the 9th Defendant (General Theophilus Yakubu Danjuma) – have approached the Honourable Court seeking an Order dismissing the instant suit for lack of jurisdiction, an Order declaring that the instant suit by the Plaintiff is an abuse of Court Process and other Orders as the Honourable Court may deem fit to make in the circumstance.
