ASSET MANAGEMENT CORPORATION OF NIGERIA (AMCON) VS AGBONMAGBE OLUMIDE MEMORIAL SPECIALIST HOSPITAL (AOM SPECIALIST HOSPITAL)

ASSET MANAGEMENT CORPORATION OF NIGERIA (AMCON) initiated a law Suit no FHC/L/CS/1521/16 at the FEDERAL HIGH COURT IKOYI LAGOS,against AOM SPECIALIST HOSPITAL sometime in September 2016.

AOM SPECIALIST HOSPITAL is a fully fledged Specialist Hospital situated at no 10 LAWAL street JIBOWU on the Lagos Mainland catering for MEDICAL, GENERAL SURGICAL, OBSTETRIC & GYNAECOLOGICAL, ASSISTED FERTILITY & NEONATAL Specialist care of the middle & upper class cadres of the population.

AMCON was to file a MOTION EXPARTE against AOM SPECIALIST without NOTICE to the hospital company claiming that the Hospital as a company had defaulted on certain credit bank facilities it had allegedly been granted by a defunct commercial bank which was subsequently acquired by AMCON as an outstanding Indebtedness.

The Exparte motion was heard in November 2016 and an EXPARTE ORDER granted to AMCON according to the AMCON act as a law to repossess the hospital as a company and manage its affairs under a RECEIVERSHIP.

AMCON proceeded to execute the said order by storming the hospital premises with several ARMED MOBILE POLICE MEN & COURT BAILIFFS together with Solicitors from the law firm of NNENA EJECKAM & ASSOCIATES of DOLPHIN ESTATE IKOYI LAGOS.,the solicitors representing AMCON in the case.

The Entire staff of the hospital, its IN PATIENTS on hospital admission, many of whom it was reported had just either been delivered of new born babies which were in incubators and other cases that had undergone complicated & extensive surgical operations were forcefully removed out and evacuated hurriedly & inhumanly from the hospital premises. Most of whom had to be relocated to other hospitals for further intensive care management.

AMCON contrary to the AMCON ACT as statutorily written law refused to take receivership and management of the hospital and laid a SEIGE & COMPLETE LOCK DOWN of the hospital premises over the ensuing 8 months.

It was revealed as was observed during subsequent court hearings by on lookers & Press men present in open court that AMCON in its desperate attempt at obtaining the EXPARTE COURT ORDER with which it was to POSSESS & LOCK DOWN the hospital premises, that AMCON had indeed deliberately & premeditatingly MISREPRESENTED & FALSIFIED a PLETHORA of fabricated facts to the trial court with which it managed to FRAUDULENTLY & UNLAWFULLY obtain the said EXPARTE ORDER it executed in seizing & LOCKING DOWN the hospital premises.

It was obvious to on lookers present in the court room during the subsequent court hearings that the court had been MISLED & MISDIRECTED into granting the very SIGNIFICANT & DAMAGING EXPARTE court order without prior notice to the defendant in the first place for which & during which extensive LOSS & DAMAGES have been and still being suffered over the extended period and thereafter by the defendant i.e AOM SPECIALIST hospital, its patients & staff alike.

It is very likely & highly probable considering the precarious state & serious condition of patients reported to be forcefully evacuated by AMCON assisted by Police officers, that MORBIDITY i.e well being & MORTALITY i,e loss of life must have followed this type of DRACONIAN & thoroughly deplorable, deceptive, deliberate & unlawful action carried out by a FEDERAL GOVERNMENT PARASTATAL such as AMCON.

The same Federal high court after noticing it had been thoroughly misled & misdirected, was to SET ASIDE & REVERSE its earlier EXPARTE COURT ORDER for which the hospital had been seized & locked down, thereafter directing that the hospital premises be re- opened for essential services with immediate effect.

The following questions now need to be engaged,
a. Does this deliberate & calculated act by AMCON not constitute an ABUSE & MISUSE of POWER

b.should AMCON a Federal government body instituted to improve the economy & well being of Nigerians be allowed to be doing the reverse by FRAUDULENTLY obtaining court orders of injunction without notice to companies more so an essential & life saving Ongoing concern such as a hospital?

c.Should AMCON be LIABLE and made to pay for loss and damages to property, well being & lives most definitely sustained during this most UNBECOMING & EGREGIOUS action it premeditatingly CARRIED OUT AGAINST an HOSPITAL and thereafter refused to abide by its own guiding laws which is to receive and manage AN ALLEGED debtor COMPANY as opposed to seizing and locking it completely down.?

d. Could this HEINOUS & LIFE THREATENING act by AMCON against an ongoing concern such as a hospital providing essential life saving services to the general populace have been entirely avoided in the first place?