Archlight Nigeria Limited has described as ‘misleading and unfounded’, claims by 86 Gardens Limited in a court filing seeking to interfere with the legitimate ownership and transfer of shares in the Ibadan Electricity Distribution Company (Ibadan DisCo).
In a statement released by the company’s management, it said it emerged as the preferred bidder for the 60 per cent equity in IBEDC offered by the Asset Management Corporation of Nigeria (AMCON) during a competitive bid in 2024.
The company said following its announcement as the preferred bidder, 86 Gardens congratulated the company and made an unsolicited approach to become a co-investor in Archlight and not in IBEDC.
It noted that some of Archlight shareholders negotiated a deal with 86G Limited, but the agreement-in-principle reached was kept in escrow, pending the fulfilment of terms and conditions, especially the payment of agreed fees for share transfer by 86G Ltd.
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It said despite multiple deadline extensions, 86 Gardens never made the required financial commitment, adding that the co-investment proposal lapsed, and Archlight’s shareholders that negotiated with 86G lawfully disposed of their shares to other interested parties in August 2024 and exited the company.
The statement read in part: “86G later insisted the custodian of the unfulfilled agreement-in-principle must list it as a shareholder of Archlight despite not making any financial commitment. This prompted the custodian to convene a meeting of all the parties to explore the possibility of settling the matter. Archlight noted at the meeting that though 86G had no legal claim due to its failure to make the agreed financial payment, it would still entertain a co-investment deal acceptable to all the shareholders. 86G accepted the agreement reached at the meeting and promised to formally revert within one week.
“Instead of reverting on the agreement as promised, Archlight was shocked to learn that 86G had filed a suit at the Federal High Court, Abuja challenging the legality of the announcement of Archlight as the preferred bidder, instead of its SPV, Africa Plus Partners Nigeria Limited. This suit was contested by Archlight and subsequently dismissed on October 21, 2024. This effectively foreclosed any business relationship between 86G and Archlight on its share acquisition.”
The company noted that contrary to its assertions, 86 Gardens has no legal or beneficial interest in Archlight or its IBEDC equity, stressing that the recent court injunction it obtained ex parte is an abuse of judicial process and a clear attempt to frustrate a lawfully executed business transaction.
The firm urged the public and stakeholders to disregard any false impressions being created by 86 Gardens and to rely on the rule of law and factual record, which supports the company’s position.