Akintola Makinde
556 posts
THE COMPANY v. THE RECEIVER
For us, approaching the Supreme Court of Nigeria in SC/CV/48/2026 – Neconde Energy Limited v. FBNQuest Limited & Ors., was beyond a desire to challenge the decision of the Court of Appeal disqualifying us as counsel for Neconde. It afforded us an opportunity to engage an area of law with the potential of enriching the jurisprudence. While we have never been in doubt that it was never the intendment of the drafters of section 556 of the Companies and Allied Matters Act (CAMA), 2020 and the Eleventh Schedule to the Act, to confer on the receiver, the power to appoint counsel for a company in an action where the receiver’s appointment is in issue, the auspicious responsibility to chart the course in this ostensibly uncharted terrain, fell on our corporate shoulders. In concurring with our submission before it, the apex court in its leading judgment delivered by the Honourable Justice M. B. Idris, held that in such circumstance where the rights of the receiver’s appointor is directly in issue, “to insist that the receiver alone must determine the legal representation of the appellant will create an obvious conflict of interest.” According to the court, proceedings of this nature cannot be regarded as falling under the general authority of the receiver under section 556(3) of the Companies and Allied Matters Act, and Eleventh Schedule of Act.
Not only is the decision of the Supreme Court in Neconde v. FBNQuest a watershed in the annals of the Nigerian law, it is also a firm definition of the course in the areas of the law on secured credit transaction and insolvency practice. The practical utility of the decision to the courts, practitioners, and academics further underscores its enduring relevance as a guiding authority in the coherent development and application of the law. It was an exceptional privilege to have been aligned with the eminent team at Wole Olanipekun & Co. in the execution of this assignment.
English
@HighChiefOkoro @doysol_ You have not added the part where we also contract mutuals to appreciate you. Ẹ bami dupẹ lọwọ Mr. Lagbaja. (Meaning, kindly help me appreciate Mr. Lagbaja).
English
Dear Yorubas,
I am really curious to know, is it part of your culture to come back to your benefactor the next day to say “thanks for yesterday”?
I’ve noticed that EVERY Yoruba person that I’ve assisted on this app would send a message the next day to say “thank you for yesterday”.
I’ve not noticed this with any other tribe and I don’t do it either.
Please I need to know.
English
Of one legend (Chief Kanu Agabi, SAN) to another legend (Chief Wole Olanipekun, SAN). Greatness!!!
Filipino
Raping festival, in a State, Local Government Area and town that has kings and constituted authorities? In a society guarded by law? Very barbaric.
English
Fun fact: The CAF Appeals Board which ruled in favour of Morocco was chaired by a Nigerian Judge.
English
I think appointing your critics into office is a way of punishing them for all they have said against you. This time, in discharge of their duties, they have the daily thankless obligation of eating their own words. More like, you created the mess, come clean it yourself.
English
I think I agree that being in a top tier firm affords you the necessary exposure, which forms the core of the requirements for elevation to the silk. Does this mean that they are not good lawyers? Of course, chances are high that you won’t even be there if you do not possess the requisite capacity.
Though the following may not be a perfect example, but should convey my thoughts a little - It is easier for a lawyer who practices in Abuja to have an appearance at the Supreme Court at the early stage of his career than it is for his peers who practice in Otukpo. However, it is not all lawyers who practice in Abuja that have had the privilege of an appearance at the Supreme Court.
Foundational Nupe Lawyer@egi_nupe
No bro, here’s the context of my position at the risk of being misunderstood. 1. Brilliant lawyers 2. Early exposure to bigger briefs and opportunities 3. Influence of big firms and principals Nothing suggests they are not brilliant or good lawyers.
English
Fair point. However, if the context is in relation to the extent of ease that being from the firm afforded him, he couldn’t have been the only counsel-in-chambers at Afe Babalola & Co. at the time. And this does not in any way, make light of the achievements of those who couldn’t achieve the feat. Point is, Prince is by all standards, an exceptional character, with or without a political office.
Foundational Nupe Lawyer@egi_nupe
Please let’s be putting context too. He was working with one of the most influential and successful senior lawyers at the time and till now, Chief Afe Babalola SAN.
English
There are some people you can threaten with taking their political “jobs.” Certainly, not one of the most successful lawyers that has graced the surface of this earth. Man became an SAN on the dot of 10, at a time when it was by far more competitive than you currently have it.
𝔼𝕟𝕟𝕪@ennyola0015
Mr. President, this man must not keep his job in 2027. Thank you. 🙏
English
@egi_nupe @Alakatunde As per the current rules, I think you need just five judgments of the Court of Appeal.
English
10years post call
20 High Court cases
6 Court of Appeal cases
4 Supreme Court cases
Run a standard law firm with at least 4 lawyers and support staff
Proper law library
Achieve distinction in the profession
Tax compliant
Recommendation from judges you handled cases before them
Pay practising fees
The rest na secondary 😃
English
The type of gowns they wear is different from the regular ones we use. The first picture here is that of SAN; it’s made of silk and cost millions. While the regular one in the second picture here is made of cotton and you can see as cheap as 50k.
Also, the front seats/rows in court are exclusively for them and this is one of the privileges that come with being a SAN, aside having their cases called first, whenever they are in court.
The wisdom or reasoning behind having their cases called first is to let younger lawyers learn from their expertise and skills while conducting their proceedings.
I hope this explanation helps.
Oloye@OloyeOluseun
@egi_nupe Curious, do SANs have tag in court? How are they identified? Or all front seats are specially reserved?
English
To be entitled to copyright protection, fixation is necessary. That you had an unfixed inspiration in 1973 does not give you copyright protection over someone who had a similar inspiration and proceeded to fix it into a tangible form.
MR EBEN@ebenezerbablola
@Beautiful_Nubia BBO Amin was said to be a song he had the inspiration as far back as when he was in Service (NYSC) coming out to say he copied your song 🤔
English
I have also been involved in cases where despite the pendency of a full defence on the merit, the court was minded to strike out the discontinued suit, as opposed to a dismissal. On each occasion, there were strong authorities at the disposal of both parties.
English
Regrettably, the fluidity of our jurisprudence makes both positions correct. I’ve gotten dismissed, an action sought to be discontinued, on the mere basis that I had a P.O,, activating the concept of litis contestatio.
English
@mrfestusogun @InibeheEffiong I totally agree with you that it weakens the chances of the prosecution in presenting a prima facie case before the court. This is however, not a conclusive indication that the case is bound to fail.
English
@tolamankind @InibeheEffiong I agree. However, if no investigation is carried out, especially in the circumstances of El-Rufai’s case, the chances of success is very slim.
English
Fair point by counsel @InibeheEffiong . However, the most recent position of the Supreme Court in OPDC v. People of Lagos (2025) 14 NWLR (Pt. 2005) 277 at 315-316 (a case I appeared for the appellant at the SC), is that Police investigation is not a sine qua non for prosecution.
Channels Television@channelstv
Phone-Tapping Claims: As of yesterday (16th, February 2026), when this charge was filed, the State Security Service had not spoken to El-Rufai. In which serious jurisdiction do you file a charge without interrogating the suspect? — Inibehe Effiong, Legal Practitioner #CTVMorningBrief
English
Your point on the critical essence of investigation is very logical and appeals to reasoning. My reaction stemmed from my hearing you say “The law is trite that you cannot have prosecution without investigation.”That may not be very accurate in light of the position of the SC.
Inibehe Effiong@InibeheEffiong
Learned Counsel, I did not say that prior investigation is a condition precedent or that the absence of same invalidates the charge. My position is anchored on this particular prosecution, given the nature of the charge and the elements of the offence(s). I emphasized this point yesterday in my interview with Channels TV. Do you agree that a serious prosecution of this case ought to be preceded by serious investigation? @tolamankind
English
Akintola Makinde retweetledi
To be very honest, it is a plausible aspiration to have one's eyes on the silk and push for "10 on the dot".
I have sentiments for younger silks because I find them more inspiring. One of the reasons is that they are more relatable and understanding. From my own experience, the most positive encounters with silks have been with the "younger" silks.
I recalled when Mr. Kehinde Ogunwumiju took the silk. Shortly after, he appeared in a court in Kano and everywhere stood still. His erudition and element were inspiring. Words got to the other courts sitting within and people were literally leaving the court to our tribunal to catch a glimpse. Excellence was natural to him.
I've also had the privilege of observing "young" silks like Mr. Adeola Adedipe, SAN, Mr. Oyetibo, SAN, Mr. Adedeji, SAN, Mr. Lukman Fagbemi, SAN, Mr. Oyewole, SAN. The list is endless. You need to see these men in court.
I don't know the age of any of them, but I know that for the silk, they got it at a bar age that is very inspiring.
We should not run into the error of looking at the age that they got it without drawing the necessary lessons from their distinction. These men are fire. I have seen most of the ones listed in action, and you will most likely enjoy watching them.
Now, I'm seriously worried about this new trend of "10 on the dot" race without paying attention to the work that brings the actual distinction.
All of us are just about gathering cases and making the number without more. We shouldn't rush. Let us go through the process and let the process go through us. There is refinement, humidity, grace, comportment, and competence that come with not circumventing process.
Let us do it in a way that when we take it, people can actually know and feel what it means to be a silk and not say: "God abeg o".
You shouldn't take the silk and be learning on the job. It is is the zenith of the art, not the foundation.
English
Akintola Makinde retweetledi
Ahmed Raji SAN is a good man. He is not the type that does things for optics. Onílé àti alejo ló ń gbádùn bàbá.
Lmao I remember while I was in Abẹ́òkúta, my oga Abeeb dey pay me 10k as Corp lawyer and hin HOC 30K (without any profit sharing o) but hin fit use 500k do giveaway outside lojukan. 😂. Showoff bi were. Pain wa làwọn fi ń gawu ni Street.
We need to be praying for senior lawyers like Ahmed Raji. We need more of them. Difference clear dànù!
English