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By Madu Obi
The Federal High Court sitting in Abuja has set aside its earlier judgement against Senator Victor Umeh, representing Anambra Central Senatorial District, in the case between Umeh and the Assets Management Corporation of Nigeria, AMCON, due to lack of service.
The presiding judge, Justice I.E. Ekwo, overturned the earlier judgement he delivered on January 29, 2024 in the matter, which ordered the seizure of Umeh's assets, including 5,000,000 units of Skye Bank shares, over an alleged debt of N135,722,303.40 to AMCON.
Senator Umeh's counsel, Patrick Ikwueto (SAN), had argued that the earlier judgement was invalid due to lack of service.
"It is settled law that where lack of service of an originating process on a defendant is established, as in this case, it goes to the jurisdiction of the court; and any decision or judgment delivered in the absence of service, is liable to be set aside by the same court that delivered it.
"This Honourable Court has the inherent jurisdiction to set aside its said judgment delivered on 29th January 2024, with substantial costs against the respondent for having misrepresented facts before the court.
It is in the interest of justice and fair hearing to grant this application", Ikwueto further argued.
Justice Ekwo, who agreed with Ikwueto's submissions, set aside the previous judgement, particularly as AMCON could not file any counter affidavit challenging the application after they were served since February and after several adjustments to enable them challenge the application.
The Judge said: "Order is hereby made setting aside the judgement of this Honourable Court delivered on 29th January, 2024 in this Suit No: FHC/ABJ/AMC/12/2022 Asset Management Corporation of Nigeria v. Chief Victor Umeh."
It was gathered that Senator Umeh was unaware of the lawsuit against him and was only alerted to the earlier judgement through social media publications.
AMCON had claimed it served the court processes to Senator Umeh at his property at Plot 1231, APO Resettlement, Zone C, New Garki Abuja.
But the Acting Director, Resettlement and Compensation, Federal Capital Development Authority, Nasiru Suleiman, in a letter referenced FCDA/DRC/LU/22/133 and dated 22nd February,2024 said the place was not Senator Umeh's property as claimed by AMCON.
"Please be informed that from our records, the status of title document with Plot No. 1231, Provisional Allocation of Resettlement Plot at Apo with Reference No. GK/05/2957 is allocated to Ayuba Jatau and not to Chief Victor Umeh.
Please accept the assurances of the Department's warm regards," Suleiman wrote.
Senator Umeh said he did not know the property in question and has never lived in that area of Abuja.
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