Benin Electricity Plc and one of its officials, Mr Adesoji Alasi, have approached the Court of Appeal in Akure for urgent orders stopping the proposed public auction of three Toyota Hilux vehicles attached in satisfaction of a judgment debt of slightly above ₦20 million.
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Court documents reviewed show that the Sheriff of the Ondo State High Court scheduled the vehicles for auction at the court premises in Akure at noon on Monday, July 20, 2026, despite a pending appeal challenging the judgment from which the enforcement proceedings arose.
The vehicles listed in the public auction notice are Toyota Hilux vans with registration numbers LSR 748 JB, 321 D11 and LSR 983 DG.
The notice, issued pursuant to a writ of attachment and sale of movable property, provides that there will be no reserve price, the highest bidder will become the purchaser and the successful buyer will take immediate possession after full payment.
The appellants, however, said the three vehicles are worth more than ₦150 million and argued that auctioning assets of that value to recover a judgment debt of a little above ₦20 million would be disproportionate, unreasonable and capable of causing them irreparable loss.
The enforcement proceedings arose from Suit No. AK/323/2024, instituted by retired Chief Judge of Ondo State, Justice Williams Akinlolu Akintoroye, against Benin Electricity Plc, formerly known as Benin Electricity Distribution Company Plc, and Alasi.
Justice W. R. Olamide of the Ondo State High Court delivered judgment in favour of Justice Akintoroye on May 4, 2026.
The underlying dispute concerned allegedly arbitrary estimated electricity bills, the failure to repair or replace defective prepaid meters and other complaints relating to electricity services at the claimant’s residence.
Justice Akintoroye had sought several declaratory and monetary reliefs, including ₦50 million as general damages, ₦10 million as exemplary damages, a refund of alleged estimated electricity payments and an injunction restraining the electricity company from demanding certain outstanding bills.
The appellants’ subsequent documents describe the enforceable judgment debt as slightly above ₦20 million.
Benin Electricity Plc and Alasi filed a notice of appeal on May 6, two days after the judgment was delivered.
In their grounds of appeal, they argued that the trial court lacked jurisdiction because the action was allegedly filed outside the applicable six-year limitation period.
They contended that the claimant’s cause of action arose in 2016 or 2017, while the suit was not instituted until 2024.
The appellants also challenged the award of ₦20 million in general damages, describing it as excessive and unsupported by the circumstances of the case.
They further argued that the trial judge erred by holding that the estimated electricity bills issued to the respondent were arbitrary and unlawful.
The appellants are asking the Court of Appeal to set aside the entire judgment and dismiss Justice Akintoroye’s suit.
According to an affidavit sworn to by BEDC’s Senior Legal Officer, Victor Mukoro, the appellants initially applied to the trial court for a stay of execution pending appeal.
The application was dismissed on June 9, 2026, and a writ of attachment against the appellants’ property was issued on the same day.
While the lower court’s records were being prepared for transmission to the Court of Appeal, the High Court sheriffs seized the three Hilux vehicles.
The appellants said they were served with a notice on July 14 informing them that the vehicles would be sold by public auction six days later, on July 20.
Following the attachment and auction notice, the appellants filed a motion before the Court of Appeal seeking an interlocutory injunction restraining Justice Akintoroye, the Ondo State High Court sheriffs and their agents from proceeding with the sale.
They asked the appellate court to restrain the auction scheduled for July 20 or any other date until the substantive appeal is determined.
They also sought an order staying further execution of the May 4 judgment and any other protective orders the Court of Appeal considers appropriate.
The motion, dated July 15, was received at the Court of Appeal’s Akure Division on July 16, 2026. It was brought under the Court of Appeal Rules, Section 241 of the 1999 Constitution and the court’s inherent jurisdiction.
The applicants also filed an affidavit of urgency, drawing the appellate court’s attention to the planned July 20 auction and asking that the application be treated urgently.
The motion has yet to be heard, with the appellants attributing the delay to the Court of Appeal’s vacation.
Documents relating to service indicate that copies of the appellate processes were delivered on July 16 to the respondent through a secretary at the address of his counsel in Akure.
The processes were also served on the Sheriff and Assistant Sheriff of the Ondo State High Court, who were identified in the auction notice as the officers responsible for the proposed sale.
In their supporting affidavit, the appellants alleged that proceeding with the auction would substantially deplete the company’s fleet of vehicles used in providing services to the public.
They also expressed concern that the vehicles could be disposed of at giveaway prices, particularly because the auction notice states that no reserve price will apply.
According to the affidavit, the judgment debt is slightly above ₦20 million, while the three attached vehicles are valued at more than ₦150 million.
The appellants contended that selling all three vehicles would amount to manifest injustice and could create a fait accompli before the Court of Appeal has an opportunity to determine their challenge.
They said that even if their appeal ultimately succeeded, the vehicles might have passed into the hands of third-party purchasers and become difficult or impossible to recover.
“Auctioning three Hilux vans to satisfy a judgment debt of ₦20 million which is on appeal is unreasonable and will work manifest injustice on the applicants/appellants,” the affidavit stated.
The appellants alleged that the respondent and sheriffs were acting in bad faith by moving to dispose of assets allegedly worth several times the amount of the judgment debt.
That allegation remains the appellants’ position and has not been determined by the Court of Appeal.
The appellants told the Court of Appeal that they were prepared to provide security for the judgment debt pending the determination of the appeal.
They offered to post a bond covering the judgment sum and to forfeit it if their appeal failed.
In their written argument, they also expressed readiness to deposit the judgment sum in an interest-yielding account controlled by the Court of Appeal’s registry.
They maintained that the offer adequately protects Justice Akintoroye’s interests while preventing the irreversible disposal of the vehicles before the appeal is heard.
According to them, the respondent would lose nothing if the money were secured, whereas BEDC could permanently lose vehicles worth many times the judgment debt if the auction proceeded.
They further argued that monetary damages might not provide adequate compensation because the cost of replacing Toyota Hilux vehicles continued to rise.
The company said it was diligently pursuing the compilation and transmission of the lower court’s record and intended to prosecute the appeal without delay.
The filing of an appeal does not, by itself, automatically suspend the enforcement of a judgment. A dissatisfied party ordinarily requires a court order staying execution or restraining enforcement pending appeal.
In this case, the trial court rejected the appellants’ first application for a stay. The fresh question now before the Court of Appeal is whether the auction should be restrained to preserve the subject matter of the dispute until the appellate court determines the substantive appeal.
The appellants’ case is that the disproportion between the judgment debt and the stated value of the vehicles, their offer to secure the judgment sum and the risk of an irreversible sale constitute special circumstances warranting intervention.
The speed of the enforcement proceedings, despite the pending appeal and the service of fresh applications seeking protective orders, may raise questions about whether the subject matter should be preserved until the Court of Appeal hears the motion.
The fact that the judgment creditor is a retired Chief Judge may also attract heightened public interest and scrutiny.
However, the court documents reviewed contain no judicial finding or evidence establishing that Justice Akintoroye’s former position influenced the attachment or proposed auction.
The legal issue is therefore whether the sheriffs should proceed with the sale while a formally filed and served application seeking to restrain them remains unheard not whether the judgment creditor’s status has been shown to have affected the process.
As of the time the documents were reviewed, no counter-affidavit or formal response from Justice Akintoroye or the sheriffs to the fresh Court of Appeal application was included in the documents reviewed .
Unless the Court of Appeal intervenes or the auction is otherwise suspended, the three attached vehicles remain scheduled for public sale at the Ondo State High Court premises on July 20, 2026.
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