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By Henry Ojelu
ABUJA – The Federal High Court in Abuja has dismissed a lawsuit initiated by businessman Abubakar Funtua, who contested the purported transfer of his 43 million shares to Emerging Markets Telecommunication Services Limited (EMTS), the operators of 9mobile, claiming it was done without his approval.
Justice Mohammed Umar, in a judgment delivered on September 24, 2025, and reported by Vanguard, ruled that Funtua did not have the legal standing to pursue the case, as he failed to prove any enforceable interest in the shares in question.
The defendants named in the suit included 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 Danjuma.
Funtua, represented by Senior Advocate Femi Atteh, SAN, filed the suit on December 27, 2024, seeking eleven remedies, among them a declaration affirming his beneficial ownership of the 43 million shares allegedly held in trust for him by Seltrix Limited within Teleology Nigeria Limited.
However, the 3rd, 4th, 5th, 8th, and 9th defendants, through their legal team comprising Michael Aondakaa, SAN, C.I. Okpoko, SAN, R.O. Atabo, SAN, A.T. Kohol, and C.C. Ogbonna, submitted a joint preliminary objection on February 5, 2025. They urged the court to dismiss the suit on grounds of lack of jurisdiction and abuse of court process.
After reviewing submissions from both parties, Justice Umar upheld the defendants’ objection, concluding that the plaintiff did not establish any legal or beneficial ownership over the disputed 43 million shares.
“Upon thorough examination of the exhibit, I found no evidence supporting the Plaintiff’s claim. There is no mention of 43 million ordinary shares held in trust for the Plaintiff by the 1st Defendant,” the judge remarked.
The court also observed that the 2nd defendant denied any business relationship with Funtua, a claim that went unchallenged. Furthermore, Justice Umar determined that the documents presented failed to demonstrate a trust arrangement that would grant the plaintiff legal standing.
“The exhibits submitted cannot, under any interpretation, establish a trust sufficient to confer locus standi on the Plaintiff,” the ruling stated, noting that Funtua also did not adequately connect his claims to the evidence provided.
Given the absence of locus standi, the judge found it unnecessary to consider other objections raised by the defendants, including assertions that the suit was time-barred, incompetent, and frivolous.
“Where a Plaintiff is found to lack locus standi, other issues raised become irrelevant,” Justice Umar emphasized.
Consequently, the court ordered the suit to be struck out due to the plaintiff’s lack of legal standing.