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N32bn debt: Innoson wants court to stop GTBank’s holdings structure bid

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Hearing will begin at the Federal High Court, Enugu, Monday (today) in an application filed by Innoson Nigeria Limited seeking to stop GTBank from transmuting into a financial holding company until the bank has paid a N32 billion judgment debt it obtained against it.

Innoson in a statement issued by its Head of Corporate Communications, Cornel Osigwe, said while awaiting GTBank Plc to come up with a payment plan for the over N32 billion judgement debt, the bank should suspend its proposed new structure.

Innoson is seeking the following order of perpetual injunctions:

(a) restraining the 4th Defendant (Corporate Affairs Commission) from deregistering the 1st Defendant (GTB) as a public limited liability company and or re-registering the 1st Defendant (GTB) as a private limited liability until it-GTB- pays the UC outstanding judgment debt of N32, 875, 204, 984.38k arising from Suit Nos: FHC/L/CS/603/2006 and No. FHC/AWK/CS/139/2012 respectively affirmed by the appellate courts in appeal Nos. CA/1/258/2011, SC.694/2014 and CA /E/288/2013 to Innoson Nig Ltd;

  1. An order of perpetual injunction restraining the 4th Defendant (Corporate Affairs Commission) from registering or re-registering the 1st Defendant (GTB) as a holding or financial holding company whether as a public or private limited liability company until it – the 1st Defendant(GTB) – pays Innoson Nigeria Ltd the outstanding total judgment debt of N32, 875, 204, 984.38k (Thirty two billion, eight hundred and seventy five million, two hundred and four thousand, nine hundred and eight four naira, thirty eight kobo) arising from suit Nos. FHC/L/CS/603/2006 and FHC/AWk/CS/139/2012 respectively affirm by the appellate courts in Appeal Nos. CA/1/258/2011, SC.694/2014 and CA/E/288/2013:
  2. An order cancelling the 1st Defendant’s (GTB’s) special  resolution and or any other of its resolution that it should be deregistered as a public limited liability company and or be re-registered as a private limited liability company and or a holding company until it -the 1st Defendant (GTB)- pays Innoson Nig Ltd the total outstanding judgment debt of  N32, 875, 204, 984.38k (Thirty two Billion, Eight Hundred and seventy Five Million, Two Hundred and four thousand, Nine Hundred and Eight Four Naira, Thirty Eight kobo) arising from suit Nos. FHC/L/CS/603/2006 and FHC/AWk/CS/139/2012 respectively affirmed by the appellate courts in Appeal Nos. CA/1/258/2011, SC.694/2014 and CA/E/288/2013:
  3. an order setting aside the 3rd Defendant’s (Security and Exchange Commission) No -objection to 1st Defendant’s proposal to be re-registered as a private limited liability company and as a holding or a holding financial company:
  4. An order setting aside the 2nd Defendant’s approval -in- principal granted to the 1st Defendant to operate as a holding or a holding financial company.
  5. An order of perpetual injunction restraining the 2nd Defendant from granting the 1st Defendant a financial holding company license and or a final approval to operate or carry on business as a financial holding company whether in its present name or as a private limited liability company until it, the 1st Defendant pays the Plaintiff the total outstanding judgement debt of N32, 875, 204, 984. 38k (Thirty Two Billion, Eight Hundred and Seventy-Five Million, Two Hundred and Four Thousand, Nine Hundred and Eighty-Four Naira, Thirty-Eight Kobo) arising from suit Nos. FHC/L/CS/603/2006 and FHC/AWK/CS/139/2012 respectively affirmed by the appellate courts in Appeal Nos. CA/1/258/2011, SC.694/2014, and CA/E/288/2013.

Osigwe in the statement explained that the Supreme Court of Nigeria had struck out GTB’s motion filed to set  aside its earlier decision/order made on 27th February 2019 dismissing GTB’s against Court of Appeal judgement of 6th February 2014  in favor of Innoson Nigeria Ltd

The statement added, “Recall that the Federal High Court, Awka Division on March 27th, 2019, pursuant to Supreme Court dismissing GTB’s appeal, granted leave to Innoson Nigeria Ltd to enforce and execute the judgment and Garnishee Order Absolute made by the court coram Shakarho, J at the Ibadan Judicial Division on the 18th of May 2010 and the 29th of July 2011 respectively. This order was concurrently affirmed by the Court of Appeal in the judgment of 6th February 2014 and by the Supreme Court in its judgment of 27th February 2019.

“As Innoson Nigeria Ltd commenced the tedious act of the execution, GTB rushed to the court vide its desperate motion on notice seeking orders staying or suspending the execution embarked by Innoson Nigeria Ltd and also seeking orders setting aside the exparte orders made by the court granting Innoson leave to enforce the judgment and to issue the processes of executing same.

“Whilst refusing GTB’s application and staying further proceedings the court further held that the order it made on March 27th, 2019 in favor of Innoson Nigeria Ltd granting it leave to enforce the judgment and issue processes of execution of the judgment are valid; also that all the steps taken to levy executions in pursuance of that order are still valid and are not vacated; whilst all the prayers by GTB in its motion of 1st April 2019 are not granted.

“GTB however rushed back to the Supreme Court and applied for an order setting aside the Supreme Court’s judgement dismissing its appeal against the above judgement. However, the Supreme Court struck out the motion on Tuesday, November 3rd, 2020.”

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Tesla driverless car explodes after crashing into tree

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Two men have died after a Tesla vehicle, which was believed to be operating without anyone in the driver’s seat, crashed into a tree on Saturday night north of Houston, authorities said.

After the fire was extinguished, authorities located two occupants in the vehicle, with one in the front passenger seat and the other in the back seat of the Tesla

The accident came amid growing scrutiny over Tesla’s semi-automated driving system following recent accidents.

The US auto safety agency said in March it had opened 27 investigations into crashes of Tesla vehicles.

“There was no-one in the driver’s seat,” Sergeant Cinthya Umanzor of the Harris County Constable Precinct 4 said.

The 2019 Tesla Model S was travelling at high speed when it failed to negotiate a curve and went off the road, crashing into a tree and bursting into flames, local television station KHOU-TV said.

Tesla and the National Highway Traffic Safety Administration did not immediately respond to a request for comment.

Tesla CEO Elon Musk said in January that he expected huge profits from the company’s full self-driving software, saying he was “highly confident the car will be able to drive itself with reliability in excess of human this year”.

Experts say the self-driving technology must overcome safety and regulatory hurdles to achieve commercial success.

-Reuters

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We resisted governors’ pressure to borrow for March shortfall – Zainab Ahmed

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Minister of Finance, Budget and National Planning, Zainab Ahmed, has said the Federal Government rejection a suggestion by state governors to borrow from the Central Bank of Nigeria (CBN) to augment the N50 billion federation account allocation committee (FAAC) shortfall in March.

She stated this on Monday while featuring on the Good Morning Nigeria programme, a daily breakfast show on the Nigerian Television Authority (NTA).

Recall that Edo State Governor Godwin Obaseki had alleged that the FG printed N60 billion to support March federal allocation to states.

But the CBN Governor, Godwin Emefiele, dismissed Obaseki’s claim describing it as “unfortunate and totally inappropriate.”

Ahmed said that whenever there was a reduction in federal allocation, the Federal Government would take money from some reserve accounts, adding however that in the case of March allocation which fell short by N50 billion, all state governments were asked to manage their resources.

“It is a difficult time, I can explain to you how difficult it is not just for the Federal Government but also for the states, we see increasing reduction in our FAAC revenue,” she said.

The minister also said, “In the month of March, we had a shortfall of FAAC that is almost about N50 billion and we did not have enough accrued in any of those accounts, the states to be honest wanted us to borrow from the Central Bank, but we resisted, we just told everybody to go back to live within what they had.

“So it was very surprising for us when we heard a sitting governor saying that the CBN had printed money for FAAC; that was very unfortunate because it is not true.”

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Mercedes-Benz stuns with another seven-seater crossover SUV

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A few days after Mercedes-Benz revealed what it calls the mother of all electric vehicles in the form of the sophisticated EQS luxury sedan, it has added another stunning product to the Mercedes-EQ family of cars, the EQB.

This is a seven-seater, crossover sport utility vehicle that is to the GLB-class what the EQA is to the GLA.

Car and Driver in a report quotes the premium German automaker as saying the EQB is based on the GLB crossover.

Mercedes-Benz EQ is a series of battery electric vehicles manufactured by Mercedes-Benz. The first model was previewed at the Paris Motor Show in 2016 with the Generation EQ concept vehicle.

The EQB will be launched first in China, where it debuts in a luxuriously equipped all-wheel-drive version with AMG Line styling.

Europe is to have it next in three versions: front- and all-wheel-drive models and a range-optimizing mid-level EQB.

The new vehicle will however not be released to the US market until next year.

While the sheet metal and glass are identical, the styling department under Gorden Wagener has cleaned up the exterior for a more contemporary and sophisticated look.

The front is graced by the trademark EQ headlight/fascia assembly, with a horizontal light bar stretching over the entire width.

This element is reflected on the tail end, which boasts a horizontal light strip as well.

There are EQ-specific colours and wheels, and there will be a choice of regular or AMG-Line front and rear bumpers.

The interior is carried over from the GLB as well, but it comes with EQ-exclusive color and trim options, including rose gold (pictured here), one of Wagener’s favorite colors.

Due to the battery packs in the floor, interior space suffers a bit: Daimler cautions that the third row will only work for people up to 5’5″ and the trunk shrinks considerably.

That said, the EQB is still a crossover SUV that offers more space than usual for its exterior dimensions.

The EQB was unveiled in China, and it will be launched there first as a fully loaded model with a standard AMG Line look, all-wheel drive, and two motors that make a combined 288 horsepower.

Europe will get both the EQB350 4Matic with around 268 horsepower and the front-wheel-drive EQB250 with 221 horsepower; there will also be a mid-level version designed as a long-range model. Both China and Europe will see the EQB at dealers within the 2021 calendar year.

The US will have to wait until 2022, and the company is mum about the possible powertrain options.

Car and Driver says, “What we can deduce from our experience with the EQA is that even the least powerful versions of the EQB will come in at around 4500 pounds, which we hope won’t translate into plodding, cumbersome handling characteristics, even if that would feel a bit less out of place in a people hauler like the EQB than in a compact hatch like the EQA.

“There will be no true AMG version, unlike on the EQS and the EQE. However, we’ll suspend judgment until we can drive it.”

 

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