The legal dispute over the control and ownership of Emerging Markets Telecommunication Services Limited (EMTS), the operator of 9mobile, has now progressed to the Court of Appeal following a ruling by the Federal High Court in Abuja. (kubwaexpress.com)
In a suit marked FHC/ABJ/CS/1971/2024, businessman Abubakar Isa Funtua claimed beneficial ownership of 43 million ordinary shares in Teleology Nigeria Limited, which in turn held controlling interest in EMTS (9mobile). He alleged that these shares, held in trust for him by Seltrix Limited, were transferred without his consent to the defendants—including Teleology, EMTS, LH Telecommunication Limited, and retired Theophilus Yakubu Danjuma. (Nairametrics)
On 24 September 2025, Justice Mohammed Umar struck out the case, finding that Funtua lacked legal capacity (locus standi) to bring the lawsuit as he failed to establish any enforceable beneficial interest tied to the claimed shareholding. (The Guardian Nigeria) On 13 October 2025, Funtua filed a Notice of Appeal at the Federal High Court registry, challenging the lower court’s ruling. The Register of Appeal has scheduled 5 November 2025 for settlement of the record of appeal. (kubwaexpress.com)
Key elements of Funtua’s claims include:
A declaration that he is the beneficial owner of the 43 million shares allegedly held in trust by Seltrix for him in Teleology. (Nairametrics)
An order setting aside the purported transfer by way of surrender/gift of said shares to Teleology and EMTS. (Vanguard News)
A declaration nullifying the registration of an increase in EMTS share capital (1.91 billion new ordinary shares) and the change in control of EMTS from Teleology to LH Telecommunication in alleged breach of the Companies and Allied Matters Act 2020. (Nairametrics)
Defendants argued via a preliminary objection that the suit was incompetent and an abuse of process—a position the high court upheld, partly because Funtua did not sufficiently link his claims to the exhibits he tendered. (The Guardian Nigeria)
With the case now set for the Court of Appeal, key questions ahead include whether the appellate court will overturn the locus standi finding, remand the matter for trial, or affirm the high court’s decision.
