The Federal High Court in Abuja has dismissed a lawsuit filed by businessman Abubakar Ismaila Isa Funtua against 9mobile, a telecommunications company owned by Emerging Markets Telecommunication Services Limited (EMTS).
Funtua alleged that his 43 million shares in the company were transferred without his consent.
Funtua claimed ownership of the shares, which he alleged were held in trust for him by Seltrix Limited in Teleology Nigeria Limited. He sought 11 reliefs, including a declaration that he was the beneficial owner of the disputed shares. However, Justice Mohammed Umar ruled that Funtua lacked the locus standi (legal capacity) to institute the action against the nine defendants.
The court held that Funtua failed to establish the foundational facts of his claim or logically link them to the exhibits he presented. Justice Umar noted that the exhibits tendered by Funtua did not mention the figure of 43 million ordinary shares held in trust for him by the first defendant. The court also observed that the second defendant denied any business dealings with Funtua, and this fact was not controverted.
“The said exhibits cannot by any imagination constitute a trust to confer locus standi on the plaintiff,” Justice Umar held. The defendants, represented by Michael Aondakaa, SAN, C.I. Okpoko, SAN, and R.O. Atabo, SAN, filed a joint preliminary objection, urging the court to dismiss the case for lack of jurisdiction and as an abuse of court process.
They argued that Funtua was a “meddlesome interloper” seeking to frustrate the operations of EMTS. “I resolve the issue of locus standi against the Plaintiff, and the law is that where a Plaintiff has been adjudged to lack locus standi, it does not matter what other issues have been raised for determination in the suit,” Justice Umar said.
The court ordered that the case be struck out for want of locus standi. The ruling highlights the importance of establishing legal capacity in instituting actions in court.
