An aggrieved shareholder of Continental Reinsurance Plc, Mr Maduka
Kanma Okafor has dragged the insurance company and its Managing Director
Dr Femi Oyetunji before a Federal high court in Lagos, alleging that
Dr Oyetunji is running the company in a manner that is
illegal, oppressive and unfairly prejudicial and discriminatory to him. Joined as co -respondents in the petition filed before the court are five directors of the company.
In a petition filed before the court by the law firm of Sonnie
Ekwowusi on behalf of Maduka kanma Okafor, the petitioner alleged that
he is a shareholder of Continental Reinsurance Plc currently holding
19,890,013 who practically built the company’s ICT from the scratch with
so many positive ground breaking records. The Petitioner was employed
by the company in July, 1993 and rose to the rank of Deputy General
Manager, head of the Company’s Information and Communication Technology
(ICT)Department when he disengaged in August 2016.
However, Mr Okafor alleged further that when Dr Oyetunji joined
the company in January 2010 and became its group Managing Director/Chief
Executive Officer, he went all out to dismantle the cost saving
mechanisms of the company as well as abolish the pre -existing
progressive structure and Corporate Governance structure system set up
by the security and exchange commission SEC and the board of the
company, by always favouring a South African company called Dimension
Data to execute the ICT contract of the company even though the tender
of the South African company was unbelievably high and its solutions
non-futuristic and often not the best.
Mr Okafor stated that because of Dr Oyetunji ‘s personal interest
in favour of Dimension Data and its subsidiary namely Internet Solution
mentioned some particular projects which were executed to the detriment
of the insurance company and its shareholders.
In the year 2016, Dr Oyetunji was alleged to have paid three extra
budgetary bill in quick succession to Dimension Data to repeat the ICT
audit which was earlier successfully completed, in excess of,
$100,000,followed by another $12,000 and another N12,825,000 all
unbudgeted and unjustifiable.
It was further alleged that, around the year 2012, Dr Oyetunji
cause the finance department of Continental Reinsurance Company to give a
personal loan an unsecured one at that, in the sum of N12million to his
friend and proprietor of the Ember Creek Night Club Mr Abbey Ford. The
loan was not repaid, rather expectedly, it was written off. However,
following the Petitioner’s lawyer letter to the board of the insurance
company in the last quarter of 2016, the board investigated and affirmed
that Dr Oyetunji indeed illegally gave the aforesaid loan and
consequently the board has since ordered that the money be recovered by
him.
When Dr Oyetunji was employed in 2010 by the company, the board
approved the sum of N20 million to purchase two company vehicles for the
use of the company. This amount at that time was appropriate and
sufficiently budgeted to purchase a v8 Toyota land cruiser and Toyota
avensis 2.0 liter engine vehicles, but he chose to purchase a range
rover vogue, which cost less than about N18million. He then demanded
and got the balance of N2million in cash, further he brought in one of
his used cars, (a Honda pilot) which had been in use for so many years,
and put it in the maintainance pool as his second entitled car. In
acting in this manner, he did not seek any authorization from the board
of Directors of the company.
The illegally, oppression, discrimination and high-handedness of
Dr Oyetunji at the company to the acquiesce of the board of Directors
became so unbearable that one Mr Abdul -Rasheed A. Akolade, who was
senior manager (life) at the company at that time had to tender his
letter of resignation, in his email he said he was resigning because of
the illegality and abuse of corporate governance at the insurance
company.
In violation of corporate governance to the detriment of the
shareholding interest of the petitioner, the Managing Director
exclusively diverted the catering services of the company and all soft
supplies and sundry contrast to his sister/cousin namely, Folake
Oyetunji, who also signs as Folake Adesanya through her various business
names at patently uncompetitive prices, Folake Oyetunji, without proper
bidding, variously was awarded contracts by the Managing Director.
All the decision presented to the board of the company as
management decisions are never discussed by the management. Mr Okafor
averred that he has invested about 20million shares in the Continental
Reinsurance company, which constitute a significant part of his life
savings and investment and that if unnecessary wastages and eroding of
the reserve of the company by the Managing Director as averred above are
remain unchecked, the petitioner would loose all his live savings and
investment in the company.
Consequently, Mr Okafor prays the court as follows :
A declaration that Dr Oyetunji, contrary to the memorandum and
articles of Continental Reinsurance Plc, runs the company in a manner
that is illegal, oppressive and unfairly prejudicial and discriminatory
to him. An order directing Dr Oyetunji to account for all the personal
profits and unnecessary benefits derived by him in the course of his
management of the company.
An order directing an investigation/inquiry to be made into the
management and affairs of the company by the Managing Director. However, in a counter affidavit against the petition sworn to by
the Head human resources and admin Department of Continental
Reinsurance, Dr Segun Ajibewa, and filed before the court by Barrister
Olayemi Badewole, the deponent, while denying almost all the deposition
of Mr Okafor averred that the petitioner lack credible evidence to
support this petition, he also contended that the petition is an abused
of court process as the petitioner had earlier filed a petition before
the court which was dismissed with a cost of N50,000.
Dr Ajibewa further averred that the petitioner lacks the legal
capacity to institute this petition seeking reliefs for the benefit of
the company. The petitioner was fairly treated as he was paid his severance
package timely, but the petitioner upon the disengagement of his
employment acted contrary to his duty to maintain confidentiality of the
company’s corporate information and disclosed sensitive corporate
information of the company’s business operations, management and board
to his lawyer.
The Presiding judge Mohammed Idris has adjourned till 4th June, 2018 for hearing.