The Supreme Court of Nigeria has declared the act of vandalisation of Best Western Hotel, located at Allen Avenue, Ikeja, by Asset Management Corporation of Nigeria (AMCON) as illegal.

The apex court while delivering judgment in the appeal filed by the AMCON against the decision of Appellate Court in the suit no CA/L/88/2018, nullified the takeover of the Best Western Hotel, a property of Suru Worldwide Ventures Limited by AMCON.

Justice Emmanuel Agim of the Supreme Court who read the lead judgment, affirmed the appeal court’s decision, halted the company’s properties takeover,
ordered a new hearing at the Federal High Court and held that the Supreme Court found no merit in AMCON’s appeal.

The apex court affirmed the judgment of the three-man panel of Justices of the court of Appeal: Ugochukwu Ogakwu, Mohammed Garba and Gabriel Kolawole in their unanimous decision delivered on July 2, 2019 resolved the Suru worldwide ventures Limited appeal in its favour and set aside the lower court order.

“The decision of the lower court is set aside, and the case is remitted to the lower court for hearing denovo with the appellant as party,” he said.

The court of appeal held that the High court erred in law for determining the suit without joining Suru Worldwide Ventures Limited as a party.

Suru Worldwide Ventures Limited had through its counsel, Mr. Layi Babatunde (SAN) filed an appeal with leave of the court of appeal against the judgment of the Federal High Court delivered in suit no FHC/L/CS/1059/2016 over its denial to be joined as a party in the suit filed by AMCON to take over its property, hotel over loan allegedly obtained from the defunct Oceanic Bank.

Aside AMCON, other respondents in the appeal include Inspector General of Police, Commandant General of Corps Nigeria Security and Civil Defence Corps, Lagos State Commandant of Corps and Nigeria Security and Civil Defence Corps as first to fourth respondents respectively.

The court of appeal held that the appellant was not given the opportunity to be heard.

“The appellant’s awareness of such an action having been prosecuted was when execution of the decision of the lower court was due to its de facto possession to be wrested from it.

“Indeed, having held that appellant is a proper and desirable party, it constituted a manifest breach of appellant’s right to a fair hearing.

The court faulted AMCON’s reliance on a deed of legal Mortgage for their action, and therefore held that, “it is rudimentary and hornbook law that any breach of the right of fair hearing renders the entire proceedings where the breach was occasioned null void.

It has also to be remembered that denial of fair hearing was a breach of one of the rules of natural justice, that is, the requirement that a party must be given a fair hearing. The consequence of a breach of the rule of natural justice of fair hearing is that the proceedings in the case are null and void.”

Sometime in May 2017, a Federal High Court in Lagos had ordered the takeover of the Best Western Hotel and other properties belonging to SURU worldwide Ventures Ltd; by AMCON based on alleged indebtedness.

Following the order of the Federal High Court, AMCON seized properties of Suru Worldwide Ventures Limited; leading to the appeals which were all determined against AMCON and in favour of SURU worldwide Ventures Limited.

Meanwhile, Suru World Wide ventures Ltd; owners of Best Western Hotels, had served on AMCON Notice of its claim for compensation of over N24 billion for the illegal seizure and occupation of its properties.