The founder and Chairman of Arik Air, Johnson Arumemi-Ikhide, was recently barred from entering the premises of the airline, which is headquartered at the Murtala Muhammed Airport in Lagos, Nigeria. Arumemi-Ikhide had stormed the premises along with his aides in accordance with a court order that granted him access to the premises. Asset Management Corporation of Nigeria (AMCON) had taken over the management of Arik in 2017 and had appointed a receiver-manager, Kamilu Omokhide, for the airline.
In 2021, Arumemi-Ikhide and his wife, Mary, filed an originating motion praying the court to declare that the duty imposed on the receiver-manager, Omokhide, by section 553 of the CAMA 2020, to act in the best interest of Arik as a whole, includes the duty to act in the best interest of the plaintiffs as members of Arik. Arumemi-Ikhide also sought an order directing the first and second defendants to allow the directors and shareholders of Arik unfettered access to their offices, premises, facilities, and staff required for the discharge of their functions.
In line with the court order, which ruled that the receivership of Arik does not preclude restricting access to the premises, Arumemi-Ikhide attempted to enter the premises of the airline on Monday, April 10, 2023. However, he was stopped at the entrance by the security guards on duty, and the chief security officer (CSO) of the airline, identified as D Tom-West, said there was an order from above not to allow him access to the premises.
The CSO said he was only answerable to the receiver-manager as one of his employees, adding that the receiver-manager had given an instruction not to allow Arumemi-Ikhide entry. Arumemi-Ikhide had told the CSO that he was not at the premises to harass anybody or cause any problem but to enforce the court order that granted him access to the premises of the airline. He said he had a meeting with the Chief Operating Officer and Chief Finance Officer, and that they had agreed to reserve some offices for him.
The Chairman later left the premises and proceeded to the MMA Domestic Airport Division of the Nigeria Police Force, where he gave a statement. Speaking with journalists after writing a statement at the police station, Arumemi-Ikhide explained that he had come to the Arik complex pursuant to a court order that granted him unfettered access to his offices in Arik Air to perform his duties with his team. He added that the court had affirmed that notwithstanding the appointment of a Receiver Manager, the organs of Arik Air remained intact and that those organs, such as the board and shareholders, must be allowed to function.
Arumemi-Ikhide said that he had discussed the court order with the management of Arik Air, led by Capt Roy Ilegbodu (CEO), and that they had agreed that the orders of the court must be obeyed. He said he and his team were supposed to resume on Monday, April 10, 2023, but that he was denied access by the CSO, Tom-West, who claimed to have strict instructions from the receiver-manager, Omokide, to deny him and his team access to the premises.
It remains unclear why the receiver-manager gave the instruction to deny Arumemi-Ikhide access to the premises, despite the court order granting him access. However, this recent incident raises questions about the extent of the powers of a receiver-manager and whether their decisions supersede those of the board and shareholders of a company.
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