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NECONDE ENERGY LTD
V.
FBNQUEST MERCHANT BANK LTD & ORS

(2026) JELR 114731 (CA)

Court of Appeal 11 Mar 2026 Nigeria
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- The case arose from competing legal representations for the 2nd Respondent in CA/LA/PRE/ROA/CV/1283/25, following the appointment of a Receiver/Manager over certain assets of the 2nd Respondent (Neconde Energy Limited) pursuant to a deben

Case Details

Suit Number:CA/LAG/PRE/ROA/CV/1283M1/2025(R1)
Judges:Yargata Byenchit Nimpar, JCA Danlami Zama Senchi, JCA Polycarp Terna Kwahar, JCA
Counsel: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
Location:Lagos

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. 

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…

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