NECONDE ENERGY LTD V. FBNQUEST MERCHANT BANK LTD & ORS
(2026) JELR 114731 (CA)
Court of Appeal
•
CA/LAG/PRE/ROA/CV/1283M1/2025(R1)
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11 Mar 2026
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Nigeria
Coram
Yargata Byenchit Nimpar, JCA
Danlami Zama Senchi, JCA
Polycarp Terna Kwahar, JCA
Appearances
Babajide Koku, SAN, Chief H. O. Afolabi, SAN, Victor Ogude, SAN, with them, Toheeb Ipaye, Rashidi Isamotu, and Buchi Ofulue, - for 1st Appellant
Ayoola Ajayi, SAN, with him, M. B. Ganiyu, Temi Arikawe, Esq. and E. S. Usulor,
Esq. - for 1st Respondent/Applicant
Dr. Muiz Banire, SAN, with him, Ayomide Olarewanju, Esq. - for 1st Respondent
Ayo Olorunfemi, SAN, with him, Ogie, Esq. and Joshua Ayatunde, Esq. - for 2nd Respondent/ Applicant
Bode Olanipekun, SAN, Mofesomo Tayo-Oyetibo, SAN, with them, O. Adekoya, Esq. R. Nkannebe, Esq. E. A. Kolajo, Esq. E. Fagbolade, Esq. and O. Omotimirin, Esq. - for 2nd Respondent
Chino E. Obiagwu, SAN, with him, C. Ikwueme Esq., M. Adah, Esq. and A. Eleanyu, Esq. - for 3rd Respondent
Kehinde Ogunwumiju, SAN, Tunde Afe-BaIalola, SAN, with them, O. Osunleti, Esq. A. Adeyola, Esq. and D. O Akindemowo, Esq. - for 4th Respondent
Oluwakemi Balogun, SAN, with him, Nene Oze, Esq. B. Olanipekun, Esq. and K. Ayodeji, Esq. - for Interested Parties
Judgement
POLYCARP TERNA KWAHAR, J.C.A. (Delivering the Lead Ruling): The panorama of this motion is expedient. The Appeal with No: CA/LA/PRE/ROA/CV/1283/25 between FBNQUEST MERCHANT & ANOR v. NESTOIL LTD. & ORS. came up for hearing on the 3rd December, 2025 and the issue of who represents the 2nd Respondent could not be resolved because Ayo Olorunfemi, SAN announced appearance for the 2nd Respondent and Chief Wole Olanipekun, SAN also announced appearance for the 2nd Respondent.Â
This Court made frantic efforts to resolve this impasse in futility. Parties appealed against the interim order that this Court granted on the 27th November, 2025 to the Supreme Court. The Supreme Court having been seised with the appeal and the issue of Counsel representation not resolved, the Supreme Court caused an order to this Court on the 12th January, 2026 for this Court to determine the issue of Counsel representation, thus giving this Court the leeway to consider this issue today, being the 23rd of January, 20…