Some shareholders of Oceanic Bank Plc, one of the banks whose managing directors were recently removed by the Central Bank of Nigeria (CBN), have introduced a new twist to the ongoing financial sector crisis by dragging the CBN, its governor; Sanusi Lamido and three others before the Federal High Court in Lagos.
The case, filed on Friday by the shareholders’ counsel, Ajibola Oluyede, accused the CBN of taking actions “detrimental to the interests of its [Oceanic Bank] shareholders and depositors.” The other respondents are John Aboh, the current managing director of the bank, Cecilia Ibru, the former managing director, and Hayford Alile, chairman of the bank’s Board of Directors.
The applicants are Stephen Isibor, who claims to have 455,000 ordinary shares of Oceanic Bank, and six others, on behalf of all other affected shareholders of the bank.
They are claiming that the CBN usurped the shareholders’ power by sacking Mrs. Ibru and that no fund can be injected into the bank, in form of equities, until such a proposal is ratified by the shareholders at a duly convened general meeting.
Also, the applicants, citing Sections 102, 124, and 166 of the Companies and Allied Matters Act, are challenging the authority of the reconstituted Board of Directors of the bank to “offer for subscription, or sell and/or allot shares, stock or any form of securities in the Bank.”
The applicants also want the court to decide whether the CBN and its governor can “acquire and or dispose of (by sale or otherwise) the interest of all the shareholders of the Bank, including restructuring of the Bank without the participation and consent of its shareholders.”
‘We’re just fine’
In his affidavit, Mr. Isibor said the “figures as contained in the 2008 financial year accounts of Oceanic Bank, audited by PriceWaterhouseCoopers and approved by the first and second respondents [CBN and Mr. Sanusi respectively] on the 13th of July 2009, clearly show that Oceanic Bank was far from being distressed.”
He also claimed that the CBN and its governor “only informed Oceanic Bank by a letter dated June 18, 2009 that it intended to carry out a ‘Joint CBN/NDIC Ad-hoc Assignment’”, the report of which was never sent to the bank before Mr. Sanusi proceeded to restructure it.
The matter is due for hearing within 30 days.


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