Categories: BUSINESS

STACO Insurance To Pay Fine For Wrong Accusation

<p>&nbsp&semi;<&sol;p>&NewLine;<p><em>STACO Insurance pays fine<&sol;em><&sol;p>&NewLine;<p><strong><a href&equals;"https&colon;&sol;&sol;openlife&period;ng&sol;">OpenLife Nigeria<&sol;a><&sol;strong> reports that a Federal High Court sitting in Lagos has dismissed the bankruptcy petition filed against the former Managing Director of STACO Insurance Plc&comma; Dr&period;Sakiru Olanipekun Oyefeso&period;<br &sol;>&NewLine;The court also awarded a cost of N50&comma;000 against the insurance company&period;<br &sol;>&NewLine;Problems started when the insurance company filed a petition against Oyefeso over financial irregularities&period;<br &sol;>&NewLine;He was accused of financial infractions up and against the company’s corporate regulations&period;<&sol;p>&NewLine;<p>In its statement of facts&comma; STACO alleged that Oyefeso was at all time the <a href&equals;"https&colon;&sol;&sol;www&period;thisdaylive&period;">Managing Director<&sol;a>&sol;Chief Executive Officer of the company and while in office&comma; he obtained unauthorized loans in the name of the company and converted same for personal and family use&period;<br &sol;>&NewLine;The company further alleged that Oyefeso made some payments to himself without due authorization of the company&period;<br &sol;>&NewLine;According to the statement&comma; these were discovered in the course of the forensic audit carried out by Ernest &amp&semi; Young&period;<&sol;p>&NewLine;<p>The company added that as of the date of filing the petition&comma; Oyefeso was indebted to the company to the tune of N575&comma;943&comma;276&period;70&period;<br &sol;>&NewLine;They maintained that despite repeated demands for payments&comma; he remained unconcerned&period;<br &sol;>&NewLine;Consequently&comma; the company as the creditor is urged the court to issue an order adjudging Dr&period;Sakiru Olanipekun Oyefeso&comma; bankrupt&period;<br &sol;>&NewLine;The creditor also sought orders directing that all assets&comma; interests&comma; and his holding either held personally or through third parties and privies be liquidated and proceeds applied towards off-setting the debtor&&num;8217&semi;s debts particularly the sum of N575&comma;943&comma;276&period;70&period;<br &sol;>&NewLine;The prayers included an order divesting the debtor Oyefeso of all shares&comma; interests and holdings in all public and private companies as well as an order of perpetual injunction restraining Dr&period;Sakiru Olanipekun Oyefeso from appointment as a director in any company in Nigeria&period;<br &sol;>&NewLine;However&comma; Dr Oyefeso denied the allegations against him&period;<br &sol;>&NewLine;He stated that he has for 25 years invested and dedicated himself to the company as the founding Managing Director and shareholder&period;<br &sol;>&NewLine;He denied that he is indebted to the company&semi; that all the allegations against him are false&comma; contrived and biased&period;<br &sol;>&NewLine;He relied on a forensic report by the National Insurance Commission &lpar;NAICOM&rpar; conducted on the company titled &&num;8220&semi;Project Xenon&&num;8221&semi;&period;<br &sol;>&NewLine;Oyefeso said that the funds that the creditor alleged as loan are monies he personally provided to the company in order to facilitate the company&&num;8217&semi;s business when required which should be paid back to him&period;<&sol;p>&NewLine;<p>He maintained that the Project Valentine report made by Ernest &amp&semi; Young was based on contrived false statements and one-sided information adding that the report clearly shows that all the transactions in question were co-signed and approved by other directors of the board of the company and that all the allegations were trumped-up charges made against him as a conspiracy to remove him as the MD&sol;CEO of the company at all cost&period;<br &sol;>&NewLine;In his submission&comma; Dr&period;Oyefeso&&num;8217&semi;s counsel&comma; Mr&period;Seni Adio argued that by the provision of section 1&lpar;1&rpar; of the bankruptcy Act&comma; the company must establish that the company has obtained a final Judgment or order against Dr&period; Oyefeso in this matter or any other matter&period;<br &sol;>&NewLine;He stated that he has not committed any act of bankruptcy and that the company has no grounds to have the alleged debtor declared bankrupt<br &sol;>&NewLine;Consequently&comma; Mr Adio urged the court to dismiss the petition&period;<br &sol;>&NewLine;In his judgment&comma; the presiding Judge Nicholas Oweibo said &&num;8220&semi;In this case&comma; there is an allegation by the Creditor &lpar;Staco insurance&rpar; that the Debtor Dr&period;Sakiru Olanipekun Oyefeso is indebted to it in various sums&period; acts of bankruptcy which will entitle a creditor to file a petition are listed out in section 1&lpar;1&rpar;&lpar;a&rpar;&lpar;I&rpar; of the Act&period;<br &sol;>&NewLine;Looking at the evidence as given by the creditor&comma;it is not the case that the creditor has obtained any judgment or final order against the debtor for the payment of the amount in issue&period;<br &sol;>&NewLine;This case cannot fit into paragraphs &lpar;b&rpar;-&lpar;h&rpar; of section 1&lpar;1&rpar; of the act&period;<br &sol;>&NewLine;I am however of the opinion that it is not sufficient to make the allegation&semi; there must be evidence to support the same&period;<br &sol;>&NewLine;Going by the allegations made against the debtor&comma;it cannot be said that the acts of the debtor would constitute a debt in the true sense&period;<br &sol;>&NewLine;The picture of the activities of the debtor painted above cannot in my mind constitute a debt&period;<br &sol;>&NewLine;I am not satisfied that there exists a debtor that the debtor committed acts of bankruptcy to entitle the creditor to reliefs sought&period;<br &sol;>&NewLine;The petition is accordingly dismissed&period; I award the cost of N50&comma;000 in favour of the debtor&period;<br &sol;>&NewLine;STACO Insurance Plc emerged in July 1994 as a result of discreet acquisition and restructuring carried out on Alpha Insurance Plc&period; The company’s capital base is in excess of N6 billion&period;<&sol;p>&NewLine;

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