Battle for 9mobile Ownership Heads to Court of Appeal as Shareholder Challenges Dismissal

The legal tussle over the ownership of 9mobile has taken a new turn as businessman Alhaji Abubakar Isa heads to the Court of Appeal to challenge a ruling that dismissed his case over the alleged unlawful transfer of 43 million ordinary shares in Teleology Nigeria Limited, a key stakeholder in the telecommunications giant.

Isa’s appeal, filed on October 13, 2025, contests the judgment of Justice M. Umar of the Federal High Court, Abuja, delivered on September 24, 2025, which struck out his suit on the grounds that he lacked locus standi—the legal standing—to sue.

The suit, FHC/ABJ/CS/1971/2024, originally named Seltrix Limited and eight others, including Teleology Nigeria Limited, Emerging Markets Telecommunication Services Limited (EMTS)—operators of 9mobile—Corporate Affairs Commission (CAC), Nigerian Communications Commission (NCC), and retired General Theophilus Yakubu Danjuma, among the respondents.

Justice Umar held that Isa failed to provide evidence proving ownership of the 43 million shares he claimed were held in trust by the first defendant, Seltrix Limited.

However, Isa’s legal team, led by Femi Atteh (SAN), argues that the trial judge misapplied the law by ignoring his statement of claim, which, he insists, established a valid trust relationship between him and the first respondent.

According to the appeal, the Federal High Court erred by relying on affidavits from the defendants’ preliminary objection rather than the writ of summons and statement of claim, which should determine locus standi — citing the precedent set in Pharmatek Ind. Ltd. v. Trade Bank Nigeria Plc.

Isa contends that his pleadings clearly show Seltrix Limited held the 43 million shares in trust for him and breached that trust, giving him the legal right to sue. He further faults the lower court for delving into the substantive issue of trust at the preliminary stage, arguing that such questions should only be decided after a full trial.

He is urging the Court of Appeal to set aside Justice Umar’s ruling and order that the case be reassigned to another judge for proper hearing.

Meanwhile, the Registrar of the Federal High Court has summoned all parties to appear on November 5, 2025, at the court’s headquarters in Abuja to settle the Record of Appeal.

Isa’s appeal further emphasizes that his beneficial interest in the disputed shares is protected under Sections 10 and 11 of the Federal High Court Act, and that the lower court failed to acknowledge the principles of trust—whether express, implied, or constructive—that establish his right to seek redress.

The case, now before the Court of Appeal, is poised to rekindle the long-running ownership battle surrounding 9mobile, one of Nigeria’s major telecom operators.