ADAMU MOHAMMED GBEDU & ORS. V. JOSEPH I. ITIE, NIGERIAN SUGAR COMPANY (IN LIQUIDATION), BUREAU OF PUBLIC ENTERPRISES & ATTORNEY-GENERAL OF THE FEDERATION
(2009) JELR 54055 (CA)
Court of Appeal
•
CA/IL/3/2008
•
30 Jun 2009
•
Nigeria
Coram
SAKAADEYEMI IBIYEYE JCA
SOTONYE DENTON-WEST JCA
CHIMA CENTUS NWEZE JCA
Appearances
Mallam Yusuf O. Ali SAN (with him, K. K. Eleja; B. Ajanaku; I. O. D Atofarati; A. S. Ishola; T. Omidiji; U. M. Ohabuike (Miss) and A.G. Undie) for the Appellants.
Tokonbo T. Agoro (with him, O. O. Oshodi (Mrs); O. A. Adeniyi; F. M. Oladiji (Miss) and I. F.Yusuf) for the 1st-3rd respondents.
A. A. Foelong for the 4th Respondent.
Judgement
<p><strong> NWEZE JCA (Delivering the Lead Judgment): </strong>The events that prompted this appeal date back to the year 2005: on 18 March 2005, the Federal High Court (Ilorin Division), entered an order compulsorily winding-up the second respondent in this appeal on the grounds <em>inter alia </em>of its inability to pay its debts. On the same day, the court (hereinafter referred to as the lower court) equally appointed Joseph Itie (the first respondent in this appeal) as the liquidator of the second respondent. The winding-up order was sequel to a winding-up petition initiated by the third respondent: Bureau of Public Enterprises.</p><p>The appellants (who were plaintiffs at the lower court) were employees of the said respondent: Nigerian Sugar Company (in liquidation). The first to the fourth appellants were officers of the Food, Beverage and Tobacco Senior Staff Association (FOBTOB). The fifth to the tenth appellants, on the other hand, were officers of the National Union of Food, Beverage and Tobacco Employees (NU…</p>