By Innocent Anaba
A business man, Alhaji Abubakar Isa, has appealed the ruling of Justice M. Umar of the Federal High Court, Abuja, delivered on September 24, 2025, in suit No. FHC/ABJ/CS/1971/2024, concerning the alleged illegal transfer of 43 million ordinary shares in the capital of Teleology Nigeria Limited.
Isa had earlier sued Seltrix Limited and eight others over the disputed shares. The appeal was filed on October 13, 2025, at the registry of the Federal High Court, Abuja.
The respondents in the appeal are: Seltrix Limited; Hayatu Hassan Hadejia; Teleology Nigeria Limited; Mohammed Edewor; Emerging Markets Telecommunication Services Limited (EMTS); Corporate Affairs Commission, CAC; Nigerian Communications Commission, NCC; LH Telecommunication Limited; and Gen. Theophilus Yakubu Danjuma (rtd.)
Justice Umar had struck out the case on the ground that the appellant lacked locus standi (the legal standing) to institute the suit. The judge held that Isa failed to show evidence of holding the 43 million shares allegedly held in trust by the first defendant.
In his appeal, Isa contends that the trial judge erred in law by striking out the suit without properly considering his statement of claim, which, he said, clearly established that a trust relationship existed between him and the first respondent.
He further argued that the court wrongly relied on affidavits supporting the preliminary objection, rather than focusing on the writ of summons and statement of claim, which are the proper bases for determining locus standi, as established in Pharmatek Ind. Ltd. vs. Trade Bank Nigeria Plc.
Through his counsel, Femi Atteh, SAN, Isa maintained that when locus standi is challenged, all facts stated in the claimant’s pleadings must be accepted as correct. He argued that the lower court went beyond its jurisdiction by delving into the substantive issue of whether a trust existed—an issue that should have been determined only during full trial.
Isa insists that the first respondent holds the disputed 43 million shares in trust for him and has breached that trust, thereby conferring on him the legal right to sue.
He is therefore asking the Court of Appeal to set aside the ruling of the Federal High Court and remit the case to the Chief Judge of the Federal High Court for reassignment to another judge for proper hearing.
Meanwhile, the Registrar of the Federal High Court has summoned all parties to appear on November 5, 2025, for the settlement of the Record of Appeal at the court’s headquarters in Abuja.
Isa stated in his appeal that: “The lower court erred in law by determining the issue of trust as a basis for denying me locus standi. The judge misconceived the principles of trust and failed to apply the correct legal position, which requires the court to limit itself to the statement of claim when ruling on a preliminary objection.”
He further argued that his statement of claim, particularly paragraphs 1, 2, 11, and 12, clearly showed that the first respondent is a trustee of the shares and breached that trust, which establishes his beneficial interest and right to sue.
According to him, the lower court failed to recognise that his beneficial interest, being rooted in the principles of trust—whether express, implied, constructive, or resulting—is a valid legal right protected under Sections 10 and 11 of the Federal High Court Act, Cap. F12, Laws of the Federation of Nigeria, 2004.
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