Asset Management Corporation of Nigeria (AMCON), has filed an application before a Federal High Court in Lagos, urging the court to enter final Judgement on admission in the sum of N1,467,166,809.78 in its favour against a limited liability company, Osigwe Foods and Agro Industrial Company Limited and ten directors of the company.
The directors are: Prince Tony Momoh, Retired Vice Admiral Akin Aduwo, Chief Felix Dopkesi, Dr Idris Shehu, Abdulrahman Raji Usman, Osigwe Abdulazeez Mohammed, Modupe Yewande Mohammed, Anslem Kayode Mohammed, Bai-Yan Chen and Ibrahim Abdul-lateef.
The debt recovery agency is also demanding 18% interest on the said sum per annum from the 28th day of February, 2011 to date of judgement and post judgement interest at the rate of 10% per annum until the final liquidation of the adjudged sum.
In an affidavit in support of the application sworn to by a legal practitioner, Micheal Nwigbo and filed before the court by a Lagos lawyer, Chief Aloy Ezenduka, the deponent averred that by facility letter dated 17 July, 2007 and the board resolutions dated 24 July, 2007 and 10th December, 2007, eligible financial institution, Union bank of Nigeria Plc on the application of Osigwe Foods and Agro Industrial Company limited and under the directing minds of the aforementioned directors granted various overdraft facilities totaling N3,887,229.257.43.
By another facility letter dated 27 July, 2010, Unity Bank Plc granted loan facility of N1bn to Osigwe Foods and Agro Industrial Company at the interest rate of 18% per annum.
Anslem Mohammed represented himself as the Managing Director of the company and executed Board resolutions permitting the acceptance of the facilities with him signing off as Managing Director of the company, he also personally guaranteed the loan facility granted the company.
The following were pledged to secure the term loans, overdraft and confirmation line facilities:Deed of Debenture dated 16 June, 2008 in favour of Ecobank Nigeria Plc by the company; notarized statement of networth of the Anslem Kayode Mohammed dated 17 April, 2017, in favour of Ecobank Plc; Deed of Tripartite Legal Mortgage between Osigwe Food and Agro Industries, Anslem Kayode Mohammed and Unity bank Plc over the property covered by deed of Assignment and letter of personal guarantee executed by Anslem Mohammed of Unity bank Plc. dated 30 August, 2010.
The affidavit said efforts made by the claimant to recover the debt from the defendants despite repeated demands proved abortive and that the defendants had willingly and without compulsion admitted owing a substantial sum of N1,467,166,809.78 and that the total indebtedness of the defendants to the claimant as at the 19 October, 2017, stood at N5,420,493,609.19 comprising the principal sum on the overdraft facility, interest and other bank charges and will continue to increase each day and that it will be the interest of justice to enter judgement for the admitted sum and the residue set down for trial on the merit.
Nwigbo averred further that the Osigwe Foods and Agro Industrial company limited and its directors despite admitting their indebtedness have not paid the admitted sum at all, and they have no defence to the legal action.