4 days ago
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Months aft the curate of Justice and lawyer wide of the federation (AGF), Lateef Fagbemi, asked the Energy Commission of Nigeria (ECN) to settee a judgement indebtedness it owes 2 firms, PSC Industries Limited and OGB-Tech Nigeria Limited, the vigor committee has failed to comply with the directives.
The AGF’s involution was informed by a February 4, 2025 missive by the instrumentality steadfast of Prof. Yemi Akinseye-George, SAN and Partners, Counsel to the 2 firms, seeking the minister’s consent to garnishee ECN’s slope accounts to fulfill the judgement debt.
The judgement indebtedness was enactment astatine N157,035,350.00 successful summation to 10 per cent yearly involvement from November 5, 2018 until afloat liquidation of the judgement indebtedness and accrued interest.
The judgement indebtedness arose from the ECN’s nonaccomplishment to wage some firms for the contracts they executed for it, starring to a quality which culminated successful a judgement fixed against ECN by the Supreme Court connected June 7, 2024.
The ECN awarded contracts to the 2 firms for the execution of star vigor projects. PSC was awarded 2 projects known arsenic the Jarkum task and the Agoloma project, portion OGB-Tech besides got two, known arsenic the Obokun task and the Batagarawa project.
The 2 firms, successful documents filed earlier the High Court of the Federal Capital Territory (FCT), accused the ECN of failing to wage for their services aft they duly executed the projects and requested for payment.
In a judgement connected November 5, 2018 successful the suit marked: FCT/HC/CV/1740/2915, the High Court of the FCT, upheld the plaintiffs’ lawsuit arsenic prosecuted by their lawyers, Mrs. Olaide Akinseye-George and Kelvin Mejuku.
The High Court of the FCT ordered ECN to instantly wage the firms their monetary claims, successful summation to 10 per cent involvement connected the judgement sum until the last outgo of the judgement debt.
ECN appealed the High Court of the FCT’s judgement to the Court of Appeal successful Abuja, which successful a judgement connected September 6, 2022 successful the entreaty marked: CA/A/283/2019 affirmed the determination of the High Court of the FCT.
Again, the ECN appealed to the Supreme Court, successful an entreaty marked: SC/CV/1584/2022.
In its judgement connected June 7, 2024 the Supreme Court dismissed ECN’s appeal, describing it arsenic unmeritorious.
Justice Habeeb Abiru, successful the pb judgment, said: “This entreaty has nary iota of merit and it is successful fact, an entreaty that should ne'er person recovered a abstraction successful the proceeding calendar of this court. It is hereby dismissed.
“The judgement of the Court of Appeal, delivered successful Appeal: No CA/A/283/2019 connected the 6th of September, 2022, and which affirmed the judgement of the High Court of the Federal Capital Territory, delivered successful suit: No FHC/HC/CV/1740/2015 connected the 5th of November, 2018, is upheld.
“The archetypal and 2nd Respondents are awarded the costs of this entreaty assessed astatine N500,000.”
After respective demands connected ECN to comply with the judgement of the Supreme Court, without success, the firms, done their lawyers, wrote to the AGF/MJ for consent to garnishee ECN’s slope accounts successful a bid to retrieve the judgement sum. The missive was dated February 4, 2025.
In 1 of the letters of request sent to the manager general/chief enforcement serviceman of the ECN, dated April 11, 2025, the firms enactment the judgement indebtedness astatine N157,035,350.00 successful summation to N138,208,883 being the accrued 10 percent involvement arsenic astatine April 11, 2025, totalling N295,245,233.00.
In effect to the missive by the firms, the AGF/MJ agreed that the firms were entitled to beryllium paid and wrote the ECN to settee the judgement without delay.
The letter, dated March 24 was written connected behalf of the AGF/MJ by the Director, Civil Litigation and Public Law Department, Federal Ministry of Justice, Mrs. Maimuna Lami Shiru.
Part of the AGF’s missive reads: “The Attorney-General of the Federation and Minister of Justice (AGF/MJ} is successful receipt of a letter, dated 4th February,2025 from Prof Yemi Akinseye-George, SAN & Partners.
“Kindly beryllium advised that it is expedient for the Energy Commission of Nigeria (ECN) to endeavour to settee ine substance amicably with the judgement creditor successful the lack of immoderate ineligible impediment.”
The firms, successful a caller tribunal filing, claimed that the ECN has failed to comply with the minister’s directive and threatened to instrumentality to the AGF/MJ for further actions.
English (US) ·