Court Stops Justice Minister & AG-F From Deducting Controversial $419 million Paris Club Refund

The Nigeria Governors Forum (NGF) has won the first leg of the battle to stop payment of $419million to some lawyers and consultants on Paris Club debts refund.

A Federal High Court in Abuja has struck out an application for an order to compel the Minister of Finance, Budget and National Planning, the Debt Management Office (DMO) and the Attorney-General of the Federation to issue promissory notes of $47.8million out of the $419million to Panic Alert Security Systems Limited and Dr. George Uboh.

Both the company and Uboh had sued Finance Minister (1st Respondent), DMO (2nd Respondent) and the AGF, asking for the court order to pay them the amount.

They said the three respondents should be directed by the court to comply with a presidential approval and directive that the sum be paid.

But, having got wind of the case, the NGF, through Mr. Femi Falana (SAN), Wole Aladedoye and four others, also rushed to the court to apply to be joined as the 4th Respondent.

The governors insisted that there was no order of mandamus compelling the issuance of promissory notes to consultants and contractors.

The plaintiffs however, decided to discontinue the case, following the application of the governors.

When the case came up on Monday before Justice Taiwo Taiwo of the Federal High Court, the plaintiffs were not present, having filed a notice of discontinuance.

Justice Taiwo Taiwo struck out the matter.

The NGF counsel, Mr. Wole Aladedoye said: “This is a matter where the AGF claimed there was an order of mandamus compelling the issuance of promissory notes to consultants and contractors whereas there was no such order.

“The plaintiffs themselves discontinued this matter vide a Notice of Discontinuance filed on the 24th of September, 2021.

“When this matter came up before Justice Taiwo Taiwo of the Federal High Court on Monday, 15th of November, 2021, neither the plaintiffs nor their counsel were present. I moved the court to strike out the matter for want of diligent prosecution.

“The Judge however, drew my attention to the Notice of Discontinuance, and struck out the matter on that basis.”

The plaintiffs, through their counsel, Ikechukwu Ezechukwu (SAN), sought for the following from the court:

“An Order of Mandamus compelling the Respondent particularly the 2nd Respondent (Debt Management Office) to issue to the applicants, Panic Alert Security Systems Limited and Dr. George Uboh promissory Note/Notes covering the sum of $47, 631, 920: 00 USD in compliance with the presidential approval and directive.

“An Order of Certiorari of this Honourable Court quashing that part of the 1st Respondent’s (Minister of Finance) directive to the 2nd Respondent (DMO) requesting it to notify all the Judgment Debtors (i.e. Incorporated Trustees of Nigeria Governors Forum) and receive its response before complying with the Presidential directives that the judgment debt owed by the Judgment Debtors be enforced and paid to the Applicants by issuing them with promissory Notes to that effect.

“An order directing the registrar of this court, now in custody of the Promissory Notes by virtue of order of this Honourable Court made on the 27% day of July, 2021 to release same to the Applicants.”

The plaintiffs based their claims on the following grounds:

That the President of the Federal Republic of Nigeria approved and directed that the sum of $47, 831, 920: 00 USD (be paid to the applicants.

That the Respondents, particularly the 1st Respondent(Minister of Finance), instead of carrying out Mr. President’s instruction, went beyond her powers by asking that the consent of the judgment debtors be sought and obtained before complying with the presidential directive and the judgment of court.

That the Court is an independent and different arm of government whose judgment or orders is not subject to review by another branch of government, be it Legislative or Executive.
But the NGF raised opposed the application of the plaintiffs on four grounds as follows:

The Applicants, Panic Alert Security Systems and Dr. George Uboh are relying on a Consent Judgment of this Honourable Count between them and the Incorporated Trustees of the Nigeria Governors Forum entered on the 8th of April, 2019 in… FHC/ABY/CS/123/2018 between Panic Alert Security System Ltd and another Trustee of the Nigeria Governors’ Forum & Others by Hon Justice J.T. Tsoho claim to a purported $47, 831,920. 00 USD.

There is nowhere in the Consent Judgment referred to above or any other judgment any Court where the sum of $47, 831,920 00 USD of any sum of money was granted Alert Security Systems Ltd and Dr. George Uboh against the Incorporated Trustees of the Nigeria Governors’ Forum
There is a subsisting Suit No: FHC ABS/CS 453/2021 between Incorporated Trustees of the Nigeria Governors’ Forum v. Panic Alert Security Systems Limited and Dr. George Uboh by this Honourable Court presided over by Justice Mobolaji Olajuwon of Court No. 10 involving all the parties in this suit where the applicants’ claim of purported $47, 831,920.00 USD or any sum of money is being seriously contested.

At the time the Applicants filed this Suit, they had joined issues with the Person to be joined (who is the Plaintiff) in Court No. 10, which facts they concealed from this Honourable Court.

This suit is a gross abuse of judicial process, which affects the jurisdiction of this Honourable Court.