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A businessman, Alhaji Abubakar Ismaila Isa, has filed a Notice of Appeal challenging the Ruling of Honourable Justice M.G. Umar of the Federal High Court, Abuja, delivered on the 24th day of September, 2025 in Suit No.: FHC/ABJ.CS/1971/2024.
Alhaji Abubakar Ismaila Isa had earlier sued Seltrix Limited & 8 Ors with respect to illegal transfer of 43 million ordinary shares in the capital of Teleology Nigeria Limited.
The Notice of Appeal was filed on the 13th day of October, 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, Corporate Affairs Commission, Nigerian Communications Commission, LH Telecommunication Limited, and Gen. Theophilus Yakubu Danjuma.
The Judge struck out the Suit of the Appellant on the ground that the Appellant has no locus standi to institute the Suit. The Court in its Ruling held “I carefully perused the said exhibit to see if the allegation of the Plaintiff is substantiated, I did not find any. Nowhere was there any figure of the 43 million ordinary shares held in trust for the Plaintiff by the 1st Defendant mentioned…”.
However, the Appellant, Alhaji Abubakar Ismaila Isa faulted the decision of the Court in his Notice of Appeal, as contained in his two principal grounds of appeal. The Appellant insists that locus standi (the legal standing to sue) should be determined solely from the Writ of Summons and Statement of Claim, as per established case law (Pharmatek Ind. Ltd. v Trade Bank Nigeria Plc).
Abubakar Isa, through his legal team led by Femi Atteh, SAN, states that the lower court failed to recognise that when locus standi is challenged, all claims in the Statement of Claim should be accepted as correct. The Appellant also raised the ground of improper consideration of substantive issues, at the preliminary stage.
Abubakar Ismaila Isa is contending that, the trial Judge incorrectly delved into the substantive issue of trust between the Appellant and the 1st Respondent, in his Ruling on the preliminary objection. The Appellant said whether a trust existed regarding 43 million shares or not is a substantive issue, not to be decided before full trial.
The Appellant asserts that the 1st Respondent holds the shares in trust and has breached that trust, establishing the basis for locus standi. The Appellant is relying on Sections 10 and 11 of the Federal High Court Act.
Abubakar Ismaila Isa is, therefore, praying the Court of Appeal to allow the appeal and set aside the Ruling of the Federal High Court dated September 24, 2025. He is also praying the Appellate Court to remit the case file to the Chief Judge of the Federal High Court, for reassignment to another Judge to hear and determine the Suit properly.
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 Federal High Court Headquarters in Abuja.
