Theophilus Ochonogor
Partner
Theophilus Ochonogor
Theophilus is a Partner in the Firm’s Dispute Resolution Practice Group. He obtained his LLB (Hons.) degree from Ambrose Alli University, Ekpoma in 1994 and was called to the Nigerian Bar on 22nd March, 1995. He had short stints of law practice at the law firms of Colins Aimuan & Co. and Tony Merah & Co., and had prolonged and intensive dispute resolution experience at Layi Babatunde & Co. and Clarke, Paiko & Co. At Clarke, Paiko & Co., he was the Head of Chambers for over a twelve years until he joined Alliance Law Firm as a partner in November, 2016.
Theophilus is a core litigation lawyer and heads a team of lawyers in the Dispute Resolution Practice Group of the Firm. His responsibilities include advising clients on various aspects of the law, drafting of pleadings & writing legal opinions, written addresses and briefs of arguments and managing assigned tasks to team members. Theophilus appears regularly at the Federal and State High Courts, National Industrial Court, Investments and Securities Tribunal, Court of Appeal and the Supreme Court of Nigeria.
Over the years, Theophilus has acquired a wealth of experience in litigation arising from various fields of law, such as: Employment/Labour Law, Matrimonial/Family Law, Banking, Commercial Law, Constitutional Law, Oil & Gas Law, General Civil Law, Law of Contracts, Law of Torts, Land/Proprty Law, etc. In addition, he has developed considerable skills in research, writing, legal drafting and advocacy. In particular, he is versed in the arts of cross-examination and brief writing.
Some of the cases in which Theophilus was involved in and have been reported in various law reports include the following cases: Mark v. Abubakar (2009) 2 NWLR (Pt. 1124) 79; Mrs Mudasiru v. Abdullahi (2011) 7 NWLR (Pt. 1247) 591; Feed & Food Farms (Nig) Ltd v. NNPC (2009) 6-7 SC 1; Major Bello Mogaji v. The Nigeria Army (2008) 2-3 SC (Pt. II I 146; Senator Ladoja v. INEC & Ors. (2007) 7 SC 99; (2007)12 NWLR (Pt. 1047) 119; Senator Ladoja v. INEC & Ors. (2007)12 NWLR (Pt. 1047) 97; lbikunle v. State (2005) 1 NWLR (Pt. 907) 387; Saidu Ahmed & 2 Ors. v. Central Bank of Nigeria (2012) 7 SC (II) 1;
(2012) LPELR- 9341 (SC); National Population Commission v. Mr. O. O. Williams (2016) LPELR-41492 (CA); and Thomas Kingsley Securities Ltd & Anor. v. Securities and Exchange Commission & 9 Ors. (2013) 1 SDJJOJ 6-7 (Selected Dicta and Judgments of Hon. Justice Okechukwu J. Okeke). Worthy of mention is his participation as a member of the legal team for the Respondent in an international arbitration before the Arbitral Tribunal of the Netherlands Arbitration Institute, Rotterdam in a case between New Skies Satellites B. V. and Daar Communications Plc.
In addition to the above cases, other cases which Theophilus conducted which are yet to be reported include: Korean National Oil Corporation & 4 Ors V. The President of The Federal Republic of Nigeria & 5 Ors; Owel Petroleum Services Nigeria Limited V. Korea National Oil Corporation & 9 Ors; Mr. Elias Antoun Dahboul v. The Governor of Kano State & 2 Ors; Alhaji Alhassan Aminu Dantata & Ors. v. Mr. Elias Antoun Dahboul; Apapa Local Government Council V. National Clearing and Forwarding Agency & Anor; National Clearing and Forwarding Agency & Anor. v. Apapa Local Government Council; and Nigeria Deposit Insurance Corporation V. Marcon Steel Company Limited & Anor.
Apart from law practice, Theophilus is an ordained Minister of the Redeemed Christian Church of God and holds a post – graduate diploma in Theology from the Redeemed Christian Bible College. He is a mentor to dozens of young lawyers and Christian Youths.
● Ambrose Alli University, Ekpoma (LLB)
● Nigerian Law School (BL)
- Nigerian Bar Association (NBA).
- International Bar Association (IBA).
- Nigerian Institute of Chartered Arbitrators (NICArb).
- Business Recovery & Insolvency Practitioners Association of Nigeria (BRIPAN).
- Land/Property Law
- Election Petitions
- Debt Recovery
- Banking/Commercial law
- Oil and Gas
- Matrimonial/Family law
- Labour/Employment Law
LITIGATION EXPERIENCE
- Represented NJ. Exploration Ltd, the 5th Applicant in Suit No. FHC/ABJ/M/146/2009 – Korean National Oil Corporation & 4 Ors v. The President of The Federal Republic of Nigeria & 5 Ors., an action for judicial review before the Federal High Court, Abuja in which the Applicants successfully challenged the revocation of OPLs 321 and 323 to the Applicants by the President.
- Represented the Plaintiff in Suit No. K/M302/2003 – Mr. Elias Antoun Dahboul v. The Governor of Kano State & 2 Ors., an action before the High Court of Kano State, Kano in which the Plaintiff successfully claimed title to a property in Kano Metropolis. Also acted for Mr. Elias Antoun Dahboul as Respondent in Appeal No. CA/K/127/2012 – Alhaji Alhassan Aminu Dantata & Ors. v. Mr. Elias Antoun Dahboul wherein the Court of Appeal sitting in Kaduna upheld the judgment of the trial court in favour of Mr. Dahboul.
- Successfully defended Suit No. ID/209/1995 – Halim Mohammed V. Carlink Limited in which the Claimant claimed general damages in the sum of N5,000,000.00 against the Defendant before the High Court of Lagos. Also represented the Carlink Limited as Respondent in Appeal No. CA/L/750/2006 – Halim Mohammed v. Carlink Limited in which the Court of Appeal sitting in Lagos affirmed the judgment of the trial court dismissing the suit.
- Represented the Plaintiff in Suit No. FHC/L/CS/1001/2008 – Thomas Kingsley Securities Ltd & Anor. v. Securities & Exchange Commission & Ors. before the Federal High Court, Lagos which ordered the Securities and Exchange Commission to render a full account of its management of the affairs of Thomas Kingsley Securities Ltd (“TKS”) pursuant to the judgment of the Investments and Securities Tribunal. In compliance with the said judgment SEC forwarded to TKS a copy of the Final Report of the activities of the Interim Management Team (IMT) that managed the affairs of TKS, and subsequently paid to TKS the sum of N13,529,181.27 being the total sum outstanding from the activities of the IMT and which said sum was due to TKS.
- Represented the Plaintiff in Suit No. FHC/L/CS/1433/12 – Thomas Kingsley Securities Ltd v. Securities & Exchange Commission in which the Plaintiff successfully challenged the Defendant for unlawfully and illegally withholding interests on the sum of N13,529,181.27 being the judgment debt in Suit No. FHC/L/CS/1001/2008 – Thomas Kingsley Securities Ltd & Anor. v. Securities & Exchange Commission & Ors.
- Represented the Claimants in Suit No. LD/3214/99 – John Ademola Harmona & Anor. v. Lagos State Urban Renewal Board & Ors., an action before the High Court of Lagos State, Lagos in which the Claimants successfully challenged the compulsory acquisition of the Claimants’ property on Ereko Street, Lagos without payment of compensation to them. Taiwo J. found in favour of the Claimants and ordered the payment of the sum of N10 Million as compensation to the Claimants.
- Represented the Defendant in Suit No. FHC/L/FBC/139/99 – Nigeria Deposit Insurance Corporation (NDIC) v. Marcon Steel Company Limited & Anor. before the Federal High Court, Lagos in which NDIC as the official liquidator of Allied Bank of Nigeria Plc, claimed against the Defendants the sum of N243, 693,174.64 being the outstanding balance and interests thereon. Successfully challenged the suit and same was dismissed.
- Represented the Defendant in Suit No. FHC/J/CS/162/99 – Nigeria Deposit Insurance Corporation (NDIC) v. Padua Investment Nig. Limited & Anor. before the Federal High Court, Lagos in which NDIC as the official liquidator of Allied Bank of Nigeria Plc, claimed against the Defendants the sum of N141, 169,534. 91 (One Hundred and Forty – One Million, One Hundred and Sixty – Nine Thousand, Five Hundred and Thirty – Four Naira, Ninety – One Kobo) outstanding balance and interests thereon. Successfully challenged the suit and same was dismissed.
- Was part of the team that represented the Claimants in the matter of the Estate of late Air Commodore Gbolahan Adio Madashiru, Suit No. ID/597/05 – Mrs. Foluke Mudashiru & Ors. v. Ibrahim Abdullahi & Ors., an action before the High Court of Lagos State, Lagos in which the Claimants unsuccessfully challenged the validity of the last Will of Late Air Commodore Gbolahan Adio Mudasiru, a former Military Administrator of Lagos State. Opesanwo J. upheld the validity of the will and the 1st – 5th Defendants as the duly appointed executors of the estate and, accordingly, dismissed the suit.
- Represented the Plaintiff in Suit No. FHC/UY/CS/83/2012 – Engr. Ndiuwem Benjamin Akpabot v. Power Holding Company of Nigeria Plc & 2 Ors., an action before the Federal High Court, Uyo in which the Plaintiff unsuccessfully challenged the termination of his appointment by the Defendant as an Assistant General Manager.
- Represented the Claimants in Suit No. LD/818/1995 – The Registered Trustees of C & S Unity Church of Zion of Nigeria & Overseas v. John A. Omogunloye before the High Court of Lagos State, Lagos in which the Claimants claimed title to a property in Gasper Street, Ikate, Itire, Surulere, Lagos State in possession of their pioneer pastor and former trustee. Oyebanji J. found in favour of the Claimants and delivered judgment in their favour.
- Represented the Claimant in an action before the High Court of Lagos State, Lagos in which the Claimant claimed general and special damages in the sum of N408,000,000.00 against a private secondary school in Lagos for negligence resulting to the death of his eleven years old son while under the care of the school. The matter was settled amicably and Terms of Settlement adopted as consent judgment. (Details withheld for reasons of confidentiality)
- Represented the Defendants in Suit No. HCT/146/2012 – Agbara Estate Residents Association & Ors. v. Agbara Estate Property Services Ltd & Anor. before the High Court of Ogun State, Ota in which the Plaintiffs who are owners and occupiers of plots of Land in Agbara Estate sought, inter alia, an order setting aside the service charge of N25,000 imposed on each resident/owner on the ground that the imposition of the service charge is unilateral, arbitrary and unjustifiable. Onofowokan J. in dismissed the suit held that,“The author of Halsburys Law of England, 4th Edition, Volume 27, paragraph 260 at 200 said that at common law, a tenant has no right to demand information about the calculation or appointment of a service charge, a tenant can only persuade the landlord to disclose the relevant information. To that extent, since the sub-lease exhibits A & I does not contain express provision that the Plaintiffs should be consulted in the determination and disbursement of service charge to be paid by the lessees, to imply and or read such into the contract would contradict the express terms investing the defendant/sub-lease with the obligation to determine and apportion the cost of providing and running the services in the Estate, and to do so would tantamount to re-writing the contract for the parties, which is not in the office of the court to do. Consultation with the sub-leases would therefore, in my view not be necessary to give efficacy to the intention of the parties as expressed in Exhibit A & I”.
- Successfully represented the Plaintiff in Suit No. FHC/L/CS/607/1998 – Mr. O. O. Williams v. National Population Commission, an action before the Federal High Court, Lagos in which the Plaintiff challenged the termination of his appointment by the Defendant. Ajakaiye J. held that “the termination of the Plaintiff’s appointment/employment by the Defendant via a letter dated 17th April, 1996 is ultra vires, null and void” and accordingly, granted the reliefs sought by the Plaintiff. This judgment was, however, reversed by the Court of Appeal, Lagos in Appeal No. CA/L/479/2010 – National Population Commission v. Mr. O. O. Williams now reported in (2016) LPELR – 41492 (CA).
- Represented the Defendant, Keystone Bank in Suit No. LD/157/2010 – Mrs. Sheri Williams v. Keystone Bank Limited, an action before the High Court of Lagos State in which the Claimant claimed, inter alia, the sum of N207,384,512.54 (Two Hundred and Seven Million, Three Hundred and Eighty – Four Thousand, Five Hundred and Twelve Naira and Fifty – Four kobo) alleged excess bank charges and interests thereon. Judgment was given in the sum of N39,107,613.06 and cost of N500,000.00 against the Bank which is being challenged at the Court of Appeal, Lagos.
- Represented the Claimant in Suit No. LD/2060/2009 – Travaux Investment Limited v. Keystone Bank Limited before the High Court of Lagos State and successfully challenged its claim, inter alia, for the sum of N1, 671,080,274.69 (One Million, Six Hundred and Seventy – One Million, Eighty Thousand, Two Hundred and Seventy – Four Naira, Sixty – Nine Kobo) alleged excessive bank charges and interests thereon. Oluyemi J. dismissed the Claimant’s claims in their entirety and granted the Defendant’s counter -claim in the sum of N 514,016,204.33 plus interest thereon.
- Represented the Appellants in Appeal No. CA/AK/99/16 – Moses Akinbehinje & Ors. v. Enitufo Shadrack & Ors. before the Court of Appeal, Akure and successfully challenged the judgment of the High Court of Ondo State, Okitipupa per Fasanmi J. in Suit No. HOK/33/91 – Enitufo Shadrack & Ors. v. Moses Akinbehinje & Ors. granting title to a vast parcel of land in Okitipupa to the Respondents. In a unanimous judgment, the three justices reversed the judgment of the lower court and granted title to the Appellants.
- Represented the 2nd Defendant, Keystone Bank Limited in Suit No. ID/353/2008 – General Telephone and Electronics Limited v. MB Technologies Limited & Keystone Bank Limited before the High Court of Lagos State and unsuccessfully challenged Plaintiff’s claim in the sum of N1.5Billion allegedly deposited by the 1st Defendant with the 2nd Defendant and being held in trust by the Defendants for the benefit of the Claimant. Lawal – Akapo J. (as he then was) found in favour of the Claimant and gave judgment against the Defendants. The judgment is being challenged at the Court of Appeal, Lagos.
- Represented the 1st Defendant in Suit No. LD/403/2009 – GPC Manufacturing Limited v. Oceanic Bank International Plc & Anor. before the High Court of Lagos State and successfully challenged the claim of the Claimant in the sum of ₦78,600,000.00 alleged as balance due to the Claimant from its instruction to the 1st Defendant to sell its 6,000,000 units of Bank PHB shares. Adamson J. dismissed the Plaintiff’s claims and granted 1st Defendant’s counter- claim in the sum of ₦82,132,402.43 (Eighty-Two Million, One Hundred and Thirty- Two Thousand, Four Hundred and Two Naira, Forty- Three Kobo) plus interest thereon.
- Represented the Respondents in Petition No. FHC/L/CP/1403/21 – A.Hak Drillcon B.V. Nesthak HDD Services Limited before the Federal High Court, Lagos in which the Petitioner sought an order directing the 2nd Respondent to buy the Petitioner’s shares and pay the sum of €1,700,000 (One Million Seven Hundred Thousand Euros) to the Petitioner to cover both the cost of the Petitioner’s shares in the 1st Respondent and other receivables due to the Petitioner from the 1st Respondent; alternatively, an order winding up the 1st Respondent. Parties settled the matter amicably and the executed and filed Terms of Settlement was adopted as the consent judgment of court.
- Represented the Claimants in Suit No. LD/1514/2011 – IEIMS Investment Limited & Anor. v. Access Bank Plc before the High Court of Lagos State. In the suit, the Claimants sought, inter alia, an order directing the Defendant to refund the sum of N6,281,930.92 (Six Million, Two Hundred and Eight – One Thousand, Nine Hundred and Thirty Naira, Ninety – Two Kobo) to the 1st Claimant in compliance with the decision of the Banker’s Committee of the Chartered Institute of Bankers of Nigeria dated 4th June, 2012. Adesanya J. gave judgment in favour of the Claimants and dismissed the counter – claim of the Defendant.
- Represented the 3rd & 4th Defendants in Suit No. LD/2398/2010 – Access Bank Plc v. Rizen Othniel Limited & Ors. before the High Court of Lagos State. The Claimant claimed against the Defendants jointly and severally alleged debt in the sum of N145,687,032.10, interest thereon, and an order of injunction granting the Claimant authority to sell the 2nd Defendant’s property situate at Isolo, Lagos State. Adesanya J. gave judgment in favour of the Defendants and dismissed the claims of the Claimant.
- Represented the Defendant in Suit No. LD/1559/10 – Sir Chief (Dr) Ezekiel Ainabe v. Conoil Plc before the High Court of Lagos State. The Claimant challenged the termination of the dealership agreement between the parties and sought, inter alia, special and general damages totaling about N78,000,000.00 and an order reinstating, re – opening and allowing the Claimant to operate as a company dealer of the Defendant at the fuel station lying, being and situate at 12/14 Commercial Road, Apapa, Lagos. Opesanwo J. found substantially in favour of the Defendant, awarding nominal damages in the paltry sum of N1,000,000.00 (One Million Naira) to the Claimant.
- Represented the Defendants in Suit No. LD/5712GCMW/2018 – Mr. Richard Rotimi Pedro v. Keystone Bank Limited & Anor. Plc before the High Court of Lagos State in which the Claimant sought, inter alia, a declaration that the forceful seizure and occupation of the Claimant’s properties in GRA Ikeja, Lagos by the Defendants in purported enforcement of the terms of the Deed of Legal Mortgage dated 5th October, 2009 is unlawful and an act of trespass. Successfully challenged the jurisdiction of the court to entertain the suit and same was accordingly struck out.
- Represented Petitioners and Respondents in a number of Divorce Petitions before the High Courts in Lagos, Ikeja, Ibadan and Ota.
- Team member representing Petitioners and Respondents in National Assembly and State Assemblies Election Petitions in Plateau and Benue states.
EXPERIENCE AS SOLICITOR
- Advised clients on wills and drafted and lodged wills at the Probate Registry.
- Advised clients on properties of deceased relations, conducted searches at Probate Registries, and applied for and obtained Letters of Administration for clients.
- Drafted Deeds of Assignments and other commercial agreements for clients.
- Advised clients and rendered legal opinions on various knotty legal issues upon instructions.
Theophilus creates time to write on topical legal issues. Some of his published articles are:
- The Rule of Law and Restriction on Assets of Politically Exposed Persons in Nigeria: Executive Order No. 6 of 2018 in Perspective, published in The Gravitas Review of Business & Property Law, June 2019 Vol. 10 No. 2;
- Violations of Proprietary Rights in Nigeria: A Discourse of Courts’ Decisions in Defence of Citizens’ Rights, published in Mondaq of 20 June, 2023;
- The Decision In Shittu v.A.N Ltd: A Death Knell On Appeals To The Supreme Court Involving Mixed Law And Facts? published in Lexology of 28 September, 2023.
He has also co – authoured a number of articles which include the following:
- The Court of Appeal: Jurisdiction, Rights of Appeal and Procedure”, published in The Gravitas Review of Business & Property Law, March 2020, Vol. 11 No. 1;
- Udeogu v. FRN: The Need To Revisit The Provisions of Section 396(7) of ACJA, 2015, published in The Gravitas Review of Business & Property Law, December 2021 Vol. 12 No. 4; and
- Breach of Promise of Marriage: A Legal Perspective, published in Newswire of 12 November, 2020,