An Abia High Court, sitting in Aba, presided over by His Lordship, Hon Justice A.U.Kalu has warned Abia state Government to desist from their planned action of disrupting the business activities an Aba based Telecommunications Company, Mc Kings systems Ltd, from January 1, 2023, pending the determination of the motion on notice filed before it. This is contained in an interim injunction issued by the Court, following suit No. A/303/22, brought before it, by Claimants, Mc Kings Systems Ltd and its Managing Director/Chief Executive Officer , Mr Marcellus Ezeh, also known as Marcellus Ezenwajiaku.
Ezeh and his Company had dragged the State Governor, Dr Okezie Victor Ipeazu, the Attorney General of Abia state, Chief Uche Ihediwa, the Commission for Trade and Investment, Abia state, and Chief John Okiyi Kalu, the Hon.
Commissioner for trade and Investment in Abia state, asking that they be restrained from extending their January 1, 2023 planned forceful relocation exercise to his Corporate Headquarters, situated at No 31 St Michael s Road, Aba, Abia state.
In his written disposition on oath before the Court, Ezeh explained that No 31 st Michael’s road is the Corporate Headwaters of Mc Kings Systems Ltd, and that it was exempted and accorded special Corporate status, quite distinct from road side GSM dealers, and telephone and accessories dealers as a result of its corporate entity. He explained further that the building was constructed to be corporate in nature, and is environmentally friendly for the business he is doing, and does not constitute nuisance like what obtains with road side GSM dealers.
According to him, Government had also validated the Corporate nature of the Office, which led to the issuance of license to the company by Nigerian Communication Commission, NCC, with the best Corporate practices to operate telecommunication business within her Corporate headquarters, No. 31 St Michael’s Road..Ezeh stated that despite all their legal standing and Corporate entity, known to past administrations, which they have been enjoying over the years, the present Government led by Dr Okezie Ikpeazu had threatened them, not minding the special class exemption issued to them as a Company by Government.
Government, he said has incessantly been sending their agents who have been threatening to ensure that the Corporate Headquarters is closed down, if they fail to relocate to the Etche GSM market like the road side GSM dealers, wondering what would now be the essence of spending multiple millions upgrading a business if the same Government which encouraged business people to grow into Corporate existence to create employment to the teaming youths, is now forcing them like beginners.
In his order after going through the motion expert e, dated 30th November, 2022, the affidavit in support of the motion, and after hearing from the Counsel to the Claimant, E.C.J Uzoatu Esq, Justice A. U. Kalu issued interim injunction restraining the Governor, the Attorney General of the state, the Commission for trade and investment and Chief John Okiyi Kalu, the state Commissioner for trade and investment from constituting hindrance to the Claimants business at No. 31, St Michael’s road, Aba, Abia state.
Government was also ordered, whether acting by themselves, their agents, privies or other wise, to desist causing hindrances to the Company from carrying out their legitimate business of telecommunication or Computer sales and accessories pending the determination of the motion on notice filed before the Court.
The court further ordered that the defendants should not constitute hindrance to and or doing anything to the detriment of the Claimant’s lawful business at “Head office otherwise called No 31St Michael’s Road, Aba, Abia state Nigeria or any part thereof pending the determination of the motion on notice filed in the Court. Further hearing on the matter was fixed for January 31st 2023.
