Court of Appeal Rejects Sha’aban’s Bid to Halt Asset Auction Over Debt Dispute

By Ibrahim Hassan-Wuyo

The Court of Appeal in Kaduna rejected an application for a stay of execution filed by Alhaji Mahmood Sani Sha’aban in a debt dispute involving businessman Alhaji Umar Faruk Abdullahi.

The application aimed to halt the enforcement of an earlier judgment from the Kaduna State High Court that had authorized the auction of assets belonging to Sha’aban to satisfy a debt arising from a contractual agreement between the parties.

During the hearing, Mrs. Halima Fumilola Olodo, counsel for the appellant, requested the appellate court grant a stay of execution and an extension of time, arguing that her client should have the chance to settle the outstanding obligation without having his assets sold.

Abdullahi Yahya, SAN, counsel for the respondent, opposed the application, asserting that the appellant had not complied with the procedural requirements governing appeals. He also argued that the appellant had failed to meet the repayment schedule stipulated in the lower court’s judgment.

Yahya further urged the court to award costs against the appellant, citing what he described as unnecessary delays in enforcing the judgment.

Justice Onyekachi Aja Otisi delivered a ruling that dismissed the application on the basis of non‑compliance with the rules regulating appeals before the court. The court also awarded costs of N200,000 against the appellant.

After the proceedings, Yahya said the ruling cleared the way for the enforcement of the High Court judgment, including steps toward the auction of the assets covered by the execution order.

Mrs. Olodo confirmed that the application was dismissed because the appellant had not met certain procedural requirements governing appeals at the Court of Appeal.

The dispute originates from a loan agreement executed in 2018 between Sha’aban and Abdullahi. Court documents presented during the proceedings indicate that the agreement involved financial assistance allegedly provided to Sha’aban during legal difficulties he faced in Dubai, United Arab Emirates, in the same year.

According to the documents, the arrangement involved the provision of $1 million and N11.2 million under terms said to be consistent with Islamic financing principles, with repayment expected within six months. The agreement was reportedly prepared and witnessed by legal representatives before being executed by the parties.

The respondent maintained that while part of the debt was repaid, an outstanding balance remained, leading to legal proceedings and the subsequent judgment of the Kaduna State High Court.

With the dismissal of the application by the Court of Appeal, the enforcement process arising from the lower court’s judgment is expected to proceed, subject to any further legal steps available to the parties.

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