The Federal High Court in Abuja has struck out a suit filed by businessman Abubakar Ismaila Isa Funtua, who alleged that his 43 million shares were transferred without his consent to Emerging Markets Telecommunication Services Limited (EMTS), operators of 9mobile.
Delivering judgment on September 24, 2025, Justice Mohammed Umar held that Isa, the sole plaintiff, lacked the legal capacity (locus standi) to institute the action against the nine defendants.
The defendants in the case were Seltrix Limited, Hayatu Hassan Hadejia, Teleology Nigeria Limited, Mohammed Edewor, EMTS, the Corporate Affairs Commission (CAC), the Nigerian Communications Commission (NCC), LH Telecommunication Limited, and General Theophilus Yakubu Danjuma.
Isa, through his counsel Femi Atteh, SAN, had filed the suit on December 27, 2024, seeking 11 reliefs, including a declaration that he was the beneficial owner of the disputed shares allegedly held in trust for him by Seltrix Ltd in Teleology Nigeria Ltd.
However, the 3rd, 4th, 5th, 8th, and 9th defendants, represented by Michael Aondakaa, SAN, C.I. Okpoko, SAN, R.O. Atabo, SAN, A.T. Kohol, Esq., and C.C. Ogbonna, Esq., filed a joint preliminary objection on February 5, 2025, urging the court to dismiss the case for lack of jurisdiction and as an abuse of court process.
After reviewing arguments from all parties, Justice Umar upheld the objection, ruling that Isa failed to show any legal interest in the subject matter.
The judge noted, “Nowhere was there any figure of the 43,000,000 ordinary shares held in trust for the Plaintiff by the 1st Defendant mentioned. In fact, the 2nd Defendant denied any business dealings with the Plaintiff and these facts were not controverted by the Plaintiff. The exhibits tendered cannot by any imagination constitute a trust to confer locus standi on the Plaintiff.”
Justice Umar added that Isa failed to link his claims to the exhibits he presented and did not establish the facts necessary to sustain the suit. “I resolve the issue of locus standi against the Plaintiff, and the law is that where a Plaintiff has been adjudged to lack locus standi, it does not matter what other issues have been raised for determination in the suit,” he said.
Consequently, the court struck out the action, noting there was no need to examine other objections, including claims that the suit was statute-barred, incompetent, or that Isa was a “meddlesome interloper” seeking to frustrate EMTS operations.
The case, marked FHC/ABJ/CS/1971/2024, is now closed.
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