AMCON-appointed lawyer barred from GHL case for disobeying court order

AMCON

Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos, on Monday, barred senior lawyer, Oluseye Opasanya (SAN) from appearing as counsel for General Hydrocarbons Limited (GHL) in its ongoing suit against the Asset Management Corporation of Nigeria (AMCON) and three others.

The court held that Opasanya’s purported appointment by AMCON-appointed Receiver/Manager, Seyi Akinwunmi, was improper and violated a subsisting court order. In the same ruling, Justice Lewis-Allagoa approved Dr. Abiodun Layonu (SAN) as the legitimate legal representative of GHL in the matter.

Both Layonu and Opasanya had announced their appearance on behalf of GHL at a prior hearing, prompting the court to seek clarification on the proper counsel.

In his submissions, Layonu stated that he remains the official counsel for GHL, having complied with court directives by submitting an application and affidavit on December 3, 2025. “I request the Court to confirm my status as the company’s proper representative,” he said, emphasizing that AMCON’s alleged appointment of a Receiver/Manager contravened existing court orders.

Opasanya, however, argued that AMCON appointed a Receiver/Manager on September 18, 2025, and that he had tendered his appointment documents in an affidavit dated December 2, 2025. He explained that once a Receiver is appointed, the company’s directors lose authority, including the power to appoint legal counsel. Any lawyer acting on the directors’ instructions, he contended, would have no standing. Opasanya did not disclose that the Federal High Court had barred AMCON from making such appointments until the case was determined.

Justice Lewis-Allagoa ruled that Opasanya’s appointment was improper. The court noted that Dr. Layonu’s authority was supported by a letter of instruction from GHL dated September 17, 2025, and that he had initiated the suit and appeared consistently in court. In contrast, Opasanya’s instruction, derived from a letter by the alleged receiver dated November 14, 2025, came nearly two months after a court order prohibited further receiver actions.

The court further addressed a potential conflict of interest. Layonu had argued that Opasanya had previously represented AMCON, which could compromise his ability to represent GHL in a suit against the same entity. Reviewing minutes from a July 2025 settlement meeting involving AMCON, GHL, and First Bank of Nigeria Limited, the court observed that Opasanya’s law firm, Messrs. Olaniwun Ajayi LP, prepared the minutes on their letterhead, confirming his instructions to represent AMCON. The judge noted, “Since Opasanya’s law firm also represents the defendant in this case, the Court found it in the interest of justice to prevent him from representing both sides.”

Consequently, the court dismissed Opasanya’s appearance as GHL’s counsel, along with any lawyer appointed by Seyi Akinwunmi in violation of court orders.

The case was adjourned to January 30, 2026, for the hearing of all pending applications.

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