TheCable

A federal high court sitting in Abuja has declared Goodie Ibru as the authentic chairman of Ikeja Hotels plc.

Ikeja Hotels is the owner of Sheraton Hotel, Ikeja and the Abuja Sheraton Hotel and Towers. Ikeja Hotels also has substantial interest in the Federal Palace Hotel, Victoria Island.

In his judgment, Abdul Kafarati, a judge, faulted the removal of Ibru as chairman of the company.

On January 6, 2015, the extra ordinary meeting (EGM) of the hotel removed Ibru and reconstituted the board.

But Kafarati said the action was “unlawful, null and void and of no legal consequence”.

His judgment was in response to an originating summons of April 24, 2015 filed by three shareholders, Isaac Adalemo, Kes Connestone International Ltd, and Braimoh Adesina.

The suit was filed against ten defendants, Ikeja Hotels, IHL Services, Ibru, Corporate Affairs Commission, Security and Exchange Commission, Rasheed Olaoluwa, Olumide Braithwaite, Tunde Sarumi, the inspector-general of police and Diamond Bank plc.

Counter affidavits were filed by various parties, and arguments heard.

In his judgment, Kafarati held: “I have considered all the processes filed by the parties in this case and from the said processes the issue for determination are:

“Whether a meeting of a public company held in contravention of the provisions of sec. 218 (3) 218(1), 220(1) and 221 of the Companies and Allied Matters Act is unlawful, null and void and without any legal consequence and whether advertising of notice of meetings in National dailies without service of personal notice suffices as notice to members of a public company under the companies and allied Matters Act,

“Whether a meeting help pursuant to such advertised notice and resolutions made at such meeting is unlawful, null and void and of no legal consequence… On the whole I find merit in the plaintiffs’ originating summons and therefore all the reliefs are granted.”

In the main, the implication of the judgment is that the board of Ikeja Hotels Plc remains as it was constituted before the EGM.

This is the second ruling in recent months that would favour Ibru.

In October 2016, the same court sitting in Lagos presided by M. B. Idris, a judge, had dismissed the suit/FHC/L/CS/1956/2014 filed by Alurum & 2 others against Ikeja Hotels Plc, IHS Services Ltd and Union Registrars Ltd.