Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos has granted an interim take-over of Heyden Petroleum Limited, a company owned by the Ogun State Governor, Dapo Abiodun, over alleged insolvency.
Justice Lewis-Allagoa in suit No AMC/67/2024, granted the take-over of the petroleum company by the Asset Management Corporation of Nigeria (AMCON) after hearing the submission of an Ex Parte motion filed through its lawyers, O. T. Ogunba and I. U. Odo of Kunle Ogunba SAN & Associates, who moved the motion with a supporting affidavit and written address.
Innovative Ventures Limited and Optimum Construction & Property Development Company Limited are also affected by the interim order granted on October 29, as prayed by the AMCON’s lawyers
The judge later adjourned the hearing of the substantive suit till November 21, 2024
In accounting, insolvency is the state of being unable to pay the debts, by a person or company (debtor), at maturity; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency.
Cash-flow insolvency is when a person or company has enough assets to pay what is owed, but does not have the appropriate form of payment. For example, a person may own a large house and a valuable car, but not have enough liquid assets to pay a debt when it falls due. Cash-flow insolvency can usually be resolved by negotiation. For example, the bill collector may wait until the car is sold and the debtor agrees to pay a penalty.
Balance-sheet insolvency is when a person or company does not have enough assets to pay all of their debts. The person or company might enter bankruptcy, but not necessarily. Once a loss is accepted by all parties, negotiation is often able to resolve the situation without bankruptcy. A company that is balance-sheet insolvent may still have enough cash to pay its next bill on time. However, most laws will not let the company pay that bill unless it will directly help all their creditors. For example, an insolvent farmer may be allowed to hire people to help harvest the crop, because not harvesting and selling the crop would be even worse for his creditors.
