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Nestoil, Neconde and Ernest Azudialu’s appeals suffer defeat as the Supreme Court orders them back to the Court of Appeal

The Supreme Court halted multiple appeals, directing parties back to the Court of Appeal and warning lawyers that debt recovery disputes should focus on repayment, not delays.

Nestoil, Neconde and Ernest Azudialu’s appeals suffer defeat as the Supreme Court orders them back to the Court of Appeal
Ernest Azudialu Obiejesi

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Nigeria’s Supreme Court on Wednesday ordered Nestoil Limited, Neconde Energy Limited and key principals Ernest Azudialu Obiejesi and Nnenna Obiejesi to return to the Court of Appeal, dealing a major blow to their pending appeals in a long running debt recovery dispute.

The apex court, sitting in Abuja, held that the Court of Appeal must first resolve questions surrounding legal representation before the matter can properly proceed. The justices directed that the appellate court conclude that task and report back to the Supreme Court on Jan. 26, 2026.

Justice Inyang Okoro, who presided over the panel, delivered the lead ruling. He was joined by Justices Tijjani Abubakar Jauro, Kudirat Motonmori Olatokunbo Kekere Ekun Sankey, Mohammed Lawal Garba Adumehin and Sadiq Umar, all of whom agreed with the decision.

The ruling effectively pauses the appeals now before the Supreme Court, shifting attention back to unresolved disputes over which lawyers are properly authorized to act for the parties involved. Those issues, the court said, must be settled conclusively at the Court of Appeal before any further consideration at the apex court.

During proceedings, the Supreme Court issued a pointed warning to lawyers handling debt recovery cases. The justices cautioned that the judicial process should not be used to frustrate creditors through endless applications and appeals. In clear terms, the court advised that debtors should be encouraged to repay what they owe rather than pursue what it described as frivolous legal maneuvers.

The legal representation dispute has drawn several of Nigeria’s most senior advocates into the case. Chief Wole Olanipekun, SAN, announced appearance for Neconde, while Muiz Banire, SAN, appeared for Nestoil. Their authority to act was challenged by Ayo Olorunfemi, SAN, who led Ame Ogie for Neconde, and by Ayoola Ajayi, SAN, who led MB Ganiyu for Nestoil.

Ernest Azudialu Obiejesi was represented by Chinonye Obiagwu, SAN. Nnenna Obiejesi’s legal team was led by Kehinde Ogunwumiju, SAN, alongside Ademola Abimbola, SAN, and Chikasolu Ojukwu, SAN.

Also present in court was the court appointed Receiver and Manager, Abubakar Sulu Gambari, SAN, whose role has been central to the enforcement side of the dispute.

Counsel for the creditor institutions, FBNQuest Merchant Bank Limited and First Trustees, were led by Babajide Koku, SAN. He appeared with Victor Ogude, SAN, Omosanya Popoola, SAN, and a team that included Toheeb Ipaye, Kamaal Fagbemi, Kehinde Wilkey and Buchi Ofulue.

The Supreme Court’s firm stance sends a strong signal to debtors and their advisers across the country. The message from the bench was unmistakable that courts are increasingly unwilling to tolerate tactics that delay repayment through procedural battles rather than address the substance of outstanding debts.

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