Justice M. A. Dada of Lagos High Court sitting in Badagry, on Thursday granted the request for an out of court settlement sought by Promise Offormezie, the Chief Executive Officer (CEO) of Prossy Investment Nigeria Limited.
Offormezie, through his Counsel, Darlington Egwom, had approached the court seeking a restraining order against the respondent, the Principal Partner, Ezealor Osu & Associates, Ezealor Osu from constant threats to arrest and detain him (Offormezie) over claimed of N5million debt.
The applicant said such claim and threat by the respondent constitute a flagrant infraction of his fundamental human rights.
Offormezie and his company also sought an order of perpetual injunction restraining the respondent whether by himself, his agent, associates, nominees, servants or other person from further harassing, intimidating, threatening to arrest, making further frolicsome monetary demands from the applicant, inviting for questioning , interfering with the applicant’s right to personal liberty in connection with the matter.
Further, he requested from the court a declaration that the Applicant did not enter into agreement howsoever to pay the respondent the sum of N5million as legal service and as interest. Prossy Investment therefore applied for N2million damages.
However, a volte face was made a day before commencement of hearing on Thursday, Offormezie and Prossy Investment, the Applicant, requested for an out of court settlement which both parties confirmed in court and their request was granted by Justice M.A. Dada.
The matter was then adjourned till May 10, on which day the two parties will report to the court if they have actually settled the matter otherwise the trial of the case will commence.
Recalled that Ezealor Nwosu had petitioned Promise Offormezie and his Company, Prossy Investment in which he copied the Commissioner of Police Lagos State, Inspector General of Police and the Economic and Financial Crimes Commission (EFCC) demanding payment of N5 million owed him by Promise Offormezie and his company for services rendered to them when he was their Counsel.
According to Ezealor, “I only wrote a letter demanding for fees for services I rendered. I copied CP, IGP, and EFC. After which the Applicants in this case served us notice for fundamental rights; that is why we are in court. They came to court first and now they are asking for peaceful settlement. It is still good”
In an interaction with The AUTHORITY, Darlington Egwom, Counsel to the Applicant said “It is a fresh matter as well as a fundamental Human Right matter and my client happens to be the applicant. Nobody is averse to settlement, whether in court or out of court, settlement is settlement. This will give both parties opportunity for an amicable settlement.”
Pascal Elechi Okwara is Counsel to the Respondent, “The adjournment it implies that the parties settle and that ends the matter. That is why we picked a shorter date to see if `the parties can reach an amicable settlement. We will still come back to court and we are ready. We are surprise that yesterday they called us and requested for an out of court settlement. If there is no settlement we come back to the court, after all the matter was billed for mention today before they want it settled between the two parties.