Court Stops FG From Winding Up PHCN
NATIONAL Industrial Court, NIC, holding in Abuja, has
restrained the Federal Government and 19 others including Distribution
Companies, DISCOs, whether by themselves, their agents, proxies or
privies, from winding up the Power Holding Company of Nigeria, PHCN, or
liquidating its assets.
Specifically, the NIC ordered the respondents
, jointly or severally,
whether by themselves, their agents, proxies or privies, from winding up
PHCN or in any manner whatsoever, from liquidating or dissipating its
assets pending the determination of the motion on notice already filed
in court.
The court, presided over by Justice M.N. Esowe, on October 27, gave
the restraining order while ruling on Ex-parte Application by the
National Union of Electricity Employees, NUEE, against the respondents.
The defendants are Bureau of Public Enterprises, BPE, Nigeria
Electricity Liability Management Company, Chief Joe-Kyari Gadzama, SAN,
Liquidator for Power Holding Company of Nigeria, Federal Ministry of
Power, Federal Ministry of Labour & Productivity, Ikeja Electricity
Distribution Company, Eko Electricity Distribution Company, Enugu
Electricity Distribution Company, and Port-Harcourt Electricity
Distribution Company.
Others are Benin Electricity Distribution Company, Kano Electricity
Distribution Company, Abuja Electricity Distribution Company, Jos
Electricity Distribution Company, Yola Electricity Distribution Company,
Ibadan Electricity Distribution Company, Kaduna Electricity
Distribution Company, Egbin Electricity Power Plc, Afam Electricity
Power Plc, Sapele Electricity Power Plc, Kainji Electricity Power Plant,
Ughelli Power Plant, Shiroro Hydro Power Station and Transmission
Company of Nig. Plc, TCN.
The court also ordered parties to maintain the peace until the motion
on notice before it was heard and determined, noting that “hearing
notices are hereby ordered to be issued and served on the respondents
and the matter is now adjourned to November 11, 2015 for hearing of the
motion on notice before the court.”
In the Ex-parte Application, NUEE had approached the NIC through the
Suit no. NICN/ABJ/31/9/2015, seeking an Interim Injunction restraining
the Respondents jointly or severally, whether by themselves, their
agents, proxies or privies from winding up the PHCN or in any manner,
whatsoever, from liquidating or dissipating the assets of the said PHCN,
pending the determination of the motion on notice.
While giving the order, the judge declared that “having gone through
the 52 paragraphed affidavit deposed to by Enaya Emuveyan of Counsel in
the law firm of Sola Iji & Co., Counsel to the claimant/applicants;
also having read the contents of exhibit A,B,C and D attached to the
affidavit in support of the motion; aving also gone through the 52
paragraphed affidavit of urgency also sworn to by Enaya Emuveyan; the
court also carefully read through the written address of counsel in
compliance with the rules of this court; and noted, from the facts
disclosed that unless and until this application is granted, the “res”of
this matter shall not only be destroyed but the refusal to grant this
appreciation shall on the long run foist a state of helplessness on this
court in the determination of this case after evidence must have been
taken and weighed.
“The court therefore is minded to and in fact hereby grants he
application of the claimant/applicants in the following terms: This
court hereby orders an interim injunction restraining the respondents
jointly or severally whether by themselves, their agents, proxies or
privies from winding up the Power Holding Company of Nigeria (PHCN) or
in any manner whatsoever, from liquidating or dissipating the assets of
the said Power Holding Company of Nigeria pending the determination of
the Motion on Notice already filed in court. Both parties in this matter
are hereby ordered to maintain the peace until the motion on notice
before the court is head and determined. Hearing notices are hereby
ordered to be issued and served on the respondents and the matter is now
adjourned to 11th November, 2015 for hearing of the motion on notice
before the court.”
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