Appeal Court dismisses Sha’aban’s bid to halt asset auction over debt dispute

The Court of Appeal sitting in Kaduna has dismissed an application filed by former federal lawmaker Alhaji Mahmood Sani Sha’aban to halt the auction of his properties.

In a ruling delivered by Justice Onyekachi Aja Otisi, the court threw out the application due to non-compliance with procedural requirements governing appeals, and awarded a cost of N200,000 against the appellant.

The legal battle originates from a 2018 loan agreement in which businessman Alhaji Umar Faruk Abdullahi provided financial assistance to Sha’aban.

The funds were advanced to help Sha’aban navigate legal difficulties and detention in Dubai, United Arab Emirates.

The agreement consisted of an interest-free loan of $1 million and N11.2 million under Islamic financial principles, with a strict six-month repayment timeline.

Sha’aban repaid $290,762 but defaulted on the remaining $709,238 and N11.2 million balance

At the hearing, counsel to the appellant, Mrs. Halima Fumilola Olodo, urged the appellate court to grant a stay of execution and an extension of time, arguing that her client should be given an opportunity to settle the outstanding obligation without the sale of assets.

Counsel to the respondent, Abdullahi Yahya, SAN, opposed the application, contending that the appellant failed to comply with procedural requirements governing appeals.

He further argued that the appellant had not adhered to the repayment timeline contained in the lower court’s judgment.

Yahya also urged the court to award costs against the appellant, citing what he described as unnecessary delays in the enforcement of the judgment.

In its ruling delivered by Justice Otisi, the Court of Appeal dismissed the application on grounds of non-compliance with the rules regulating appeals before the court.

The court also awarded costs of N200,000 against the appellants.

Speaking after the proceedings, Yahya said the ruling had cleared the way for the enforcement of the High Court judgment, including steps toward the auction of assets covered by the execution order.

Counsel to the appellant, Mrs. Olodo, confirmed that the application was dismissed due to non-compliance with certain procedural requirements governing appeals at the Court of Appeal.