In a significant legal victory for Global Holdings Limited (GHL), a Federal High Court in Lagos has overturned the Mareva injunction that previously froze the assets of the company’s directors in connection with a $225.8 million loan dispute with First Bank of Nigeria. The ruling, delivered on Tuesday, sets aside the restriction that had prevented GHL’s executives from accessing their assets, marking a crucial development in the ongoing financial dispute.
The legal battle stems from allegations by First Bank that GHL and its directors defaulted on a substantial loan facility. As a result, the bank sought a court order to freeze the company’s assets, arguing that such measures were necessary to prevent the dissipation of funds before the resolution of the case. However, GHL contested the move, maintaining that the Mareva order was unjust and should be lifted to allow for fair proceedings.
Justice Chukwujekwu Aneke, who presided over the case, ruled in favor of GHL, emphasizing that the bank had not provided sufficient justification for the continued freezing of the company’s assets. He noted that such injunctions are extraordinary remedies meant to prevent asset flight, but they should not be used as punitive measures against businesses undergoing legitimate legal proceedings. The court’s decision effectively restores financial access to GHL and its directors, enabling them to conduct business operations without restrictions.
Following the judgment, GHL welcomed the ruling, reaffirming its commitment to resolving the dispute through legal channels. The company’s legal team reiterated that the initial freezing order had caused unnecessary financial strain and that its removal was a step toward fairness. On the other hand, First Bank is expected to review the court’s decision and consider its next course of action, which may include an appeal.
The case highlights the broader implications of financial disputes between banks and corporate entities in Nigeria. It underscores the legal safeguards in place to balance the rights of financial institutions to recover debts with the need to protect businesses from undue financial hardship. The ruling also reinforces the judiciary’s role in ensuring that pre-emptive asset restrictions do not undermine due process.
With this latest development, attention now shifts to the substantive case between GHL and First Bank, as both parties continue legal proceedings to determine the final resolution of the $225.8 million dispute.