Since the judgment was delivered on Monday, 24 February, 2014 by Justice Ibrahim Buba, it was alleged that the former soccer star and his wife did not obey the judgement of the court or appeal the judgement. Rather than obeying the judgement or make amicable settlement, they had been dribbling the petitioners.
Apart from Austin Okocha and his wife Nkechi, a limited liability company, Jay-Jay Okocha Group West Africa Limited, is also a defendant in the case.
The company was jointly formed by Okocha and other shareholders namely, Friday Nwankwo Kuja, Ijeoma Kuja, James Chinedu, Daniel Chukwudi, Mary Chioma, and other two companies, African Shelter Sports consult Limited, who are also co-petitioners in the legal battle.
In an affidavit sworn to by a Director and shareholder of Jay-Jay Okocha Group West Africa limited, Friday Nwankwo Kuja and filed before the court by Barrister Caleb Rotimi Oyekola, and also recounted in his evidence, the petitioners who claimed to be shareholders of the company which was incorporated to carry on business as sports promoters, to arrange, organise, finance and present sporting events, alleged that Austin Okocha and his wife Nkechi who are chairman and managing Directors of the company respectively, were conducting the affairs of the company in an illegal and oppressive manner.
Mr. Kuja alleged further that at the formative stage of the company located at 46, Saka Tinubu Street, Victoria Island, Lagos, he spent N63 million while until 2010 he was performing his duties as Executive Director in the affairs of the company diligently and productively.
However, when he started clamouring for an audit of the company’s account in line with the provisions of the Companies and Allied Matters Act to ascertain if the company was making profit and to also enable the company to file its annual returns to the Corporate Affairs Commission, the respondents decided to illegally and unlawfully ease him out from his position as a director in the company contrary to the provisions of the Companies and Allied Matters Act (CAMA).
Consequently, the respondents without a valid resolution of the board of directors of the company, conspired to have his properties thrown out of his office without any authorization by the board of directors of the company, whereas himself and other petitioners mentioned earlier are the majority shareholders of the company.
Thereafter all efforts made to convene a general meeting of the company as well as have the accounts of the company audited and preparation of the financial statement of the company were met with strong resistance by Austin Okocha and his wife.
The petitioners alleged further that since the formation and the commencement of operations by the company, the firm has never held a board meeting, neither has there been any general meeting. It was also alleged that the respondents were on the verge of selling off one of the businesses of the company, Club Ten.
In his evidence Mr Kuja told the court that Okocha and his wife without any authorization by a resolution of the Boards of Directors or majority members of the company fraudulently forged a resolution of the board to change the directors of the company and unlawfully forcefully took over the affairs of the company.
In view of all these, the petitioners urged the court not only to restrain Austin Okocha Azuka and his wife from vandalizing or selling off the company but to order that the accounts of the company be audited.
After listening to the submission and argument of Mr Oyekola on behalf of the petitioners, Justice Buba in his judgement, said the reliefs claimed in the petition have merit and are granted as prayed and the court made the following declaration and order:
The petitioners are majority shareholders of the company.
A declaration that the alteration of the change of directors of the company without the resolution of the Board of Directors is illegal, null and void and of no effect whatsoever.
An order of the court directing the immediate auditing of the company’s account in line with the provision of CAMA.
An order restraining Okocha Austin Azuka and Okocha Nkechi from managing and running the affairs of the company solely as if it is their personal property.
An order of the court directing that Friday Nwankwo Kuja be made signatory to the account of the company.
A declaration that the manner in which Okocha Austin and Okocha Nkechi are running the affairs of the company is oppressive to the petitioner by sidelining the petitioner especially Friday Nwankwo Kuja, completely from participating in the day to day running of the affairs of the company.
The court also awarde a cost of N20,000 against the respondents.
However, it was alleged that Okocha Austin and his wife who did not file any defence to the suit and have refused to obey the judgement of the court.
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