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The recovery of outstanding professional fees amounting to hundreds of thousands of dollars from the ECOWAS Commission owed to a seasoned legal practitioner, Chief Karina Tunyan, SAN for successfully prosecuting a number of cases on behalf of the ECOWAS Commission.
The ECOWAS Commission, refused to pay legal fees, despite repeated demands for same which compelled the legal professional to approach the Court for recovery of his fees.
We are privileged to have acted as Counsel to Chief Karina Tunyan, SAN and successfully facilitated the recovery his fees at the High Court of the Federal Capital Territory.
We are pleased to have successfully represented Vertex Agro Limited (a leading Agro-Allied Company in Nigeria) the Respondent (as Plaintiff) at the trial court took out a Writ of Summons before the Niger State High Court, Coram; Honourable Justice Mariyam Ismaila J. in a banker-customer online banking dispute, on the ground of the negligent conduct of the Bank in the handling of its account in an online financial transaction, which amounted to a breach of its duty of care and fiduciary duty.
The matter proceeded on trial, and the trial Court acceded to the claims and found in favour of the Plaintiff (Respondent herein) the Bank having failed in its duties owed to it’s customer.
On appeal to the Court of Appeal, Abuja Division, the judgment of the trial court was affirmed substantially save for the award of cost of Solicitors’ Fees which was reversed by the Court of Appeal.
This case has been duly reported at the Nigeria Weekly Law Report, UBA v. Vertex Agro Ltd (2020) 17 NWLR (PT 1754) 467.
Our litigation team in persons of: M. J. Numa, SAN, Isioma G. Kelubia, Esq, E.O Agi, Esq, Y. M. Zakari, Esq and P.T Agbo, Esq had cause to handle the matter to a success.
We are proud to have provided advisory services to Abito Global Services Limited in the establishment of Abito Ferry Services. This premier luxury waterway travel service is now operational within the Niger Delta region, enhancing connectivity and offering a unique travel experience.
We are pleased to have represented the ECOWAS Commission, as the Respondent in a proceeding for the enforcement of an Arbitral award in Suit No. FCT/C/CV/620/2022 between Dr. Marianne J. Ngoulla v. The Economic Community of West African States (ECOWAS).
The Applicant; Dr. Marianne Ngoulla, a Belgian/Cameroonian National, filed an Originating Motion to enforce an award in the sum of $3,365,444.00 (Three Million, Three Hundred and Sixty-five Thousand, Four Hundred and Forty-four Us Dollars) only against the ECOWAS Commission owing to alleged outstanding financial entitlements arising from a consultancy contract.
The Respondent challenged the Application to enforce the award vide a preliminary objection on the basis that there was already an existing application to set aside the Award under reference before another Court, making the instant application to enforce an abuse of Court process.
The Learned Trial Judge in upholding the objection that the application amounted to an abuse,struck out the motion for recognition and enforcement, and held that the award cannot be enforced when an Application to set aside the award is being sought for, and being first in time.
The Applicant sought for a consolidation of the two applications. This entreaty was challenged by the Respondent and was accordingly declined by the Court on the basis that the applications were not before the same court to enable it consolidate both and entertain them together.
Contrariwise, the appropriate procedure under the Rules of Court is to apply to the Honourable Chief Judge of the Court to transfer the later application for recognition and enforcement to the court which was first seized with the Application that is earlier in time for annulment of the same award, in order to entertain both applications involving the same subject matter.
Our dispute resolution team which represented the Respondent in this proceeding includes Michael Jonathan Numa SAN, Emmanuel C. Sogo, and J. P. Okako (Miss).
We are pleased to have facilitated the resolution of a long-drawn banking dispute between Golden Construction Limited – a Syrian-Nigerian construction firm and First Bank Nigeria Limited stemming from a disputed Invoice Discounting Facility advanced to the foreign company by the Bank for the execution of several road maintenance contracts awarded to it by the Federal Road Maintenance Agency (FERMA).
The company had challenged the validity of the Invoice Discounting Facility which it alleged was disbursed by the Bank without a formal resolution by its BOD, thereby exposing the company to liabilities on both the principal sum and the accrued interests which resulted in the inclusion of the company to a list of bad debtors published by the Central Bank of Nigeria. After several years of litigation, we are delighted to have succeeded in brokering an amicable settlement between disputing parties. The Terms of the Settlement were duly entered as consent judgment by the Court on the 11th day of July, 2024, resulting in a win-win situation for all parties.
Our Dispute Resolution team responsible for this successful outcome includes our Managing Partner, M.J Numa, SAN, Isioma Kelubia Esq, Olumide Makinde Esq, Joy Okako Esq and Q.M Jim-Ogbolo Esq.
We are delighted to have represented Sunusi Musa, Senior Advocate of Nigeria before the High Court of the Federal Capital Territory and also at the Court of Appeal, Abuja Division successfully on both accounts.
The Respondent as Claimant at the Trial Court commenced an action under the undefended list procedure principally claiming the sum of N250,000,000 (Two Hundred and Fifty Million Naira), owed to him by the Appellant/Defendant as professional fees for successfully prosecuting a public interest lawsuit on behalf of Kano State Government, before the Supreme Court, in 2023.
In reaction, the Appellant filed a notice of intention to defend and a preliminary objection. The Learned Trial Court in consideration and resolutions of the issues raised, overruled the objection for being misconceived and proceeded to enter judgment for the Respondent as there was no valid defense on the merit requiring the matter to be transferred to the general cause list.
The decision of the Trial Court was affirmed by the Court of Appeal and the appeal accordingly dismissed.
Our litigation team involved in the handling of the dispute include our Managing Partner, M.J Numa, SAN, B.J Tabai Esq, Q.M Jim-Ogbolo Esq., Teejani Jimoh Esq.
RE: SUIT NO: FHC/KN/CS/190/2024 BETWEEN HIS ROYAL HIGHNESS, ALHAJI AMINU ADO BAYERO V. ATTORNEY GENERAL OF FEDERATION & 10 OTHERS.
We, the Purple Line-up are pleased to have represented HIS ROYAL HOLINESS; ALHAJI AMINU ADO BAYERO, the 15th Emir of the Kano Emirate, Northwest Nigeria in a contentious litigation before the Federal High Court of Nigeria, Kano Division, in Suit No: FHC/KN/CS/190/2024 between HIS ROYAL HIGHNESS, ALHAJI AMINU ADO BAYERO v. ATTORNEY GENERAL OF FEDERATION & 10 Others essentially for the enforcement of his Fundamental Human Right action brought against the Kano State Government and other security agencies following the statements by the Kano State Government directing the Police and other security agencies to arrest the Emir for allegedly creating tension and unrest in Kano State following the controversy of his deposition as Emir of Kano State upon his arrival in Kano State.
The Trial Court Judge; Honourable Justice Simon Amobeda agreed with our Managing Partner; M.J Numa, SAN that the Federal High Court is well clothed with the requisite jurisdiction to entertain the suit, as the suit was not challenging the Emir’s purported deposition as Emir of Kano Emirate which the subject matter ordinarily falls outside the remits of the Federal High Court’s Jurisdiction.
The Court equally agreed with the Learned Silk that a party is at liberty to withdraw a relief or claim as endorsed in his application and elect to pursue the residue of the claim at any time, which will not necessarily amount to an amendment as contemplated by the rules of Court, irrespective of a preliminary objection.
The Court further agreed with the Learned Senior Counsel that the affidavit in support of the substantive application for enforcement of Fundamental Human Right deposed to by a third party on behalf of the Applicant is competent owing to the threat to the Emir’s life to personal liberty and ultimately held that the suit was meritorious as there was ample evidence to show that the Emir’s right to personal liberty was been unjustly threatened.
The Court proceeded to restrain the Police and other security agencies from arresting, detaining, threatening, intimidating, harassing the Emir or further interfering with his fundamental rights and accordingly awarded the sum of N10,000,000.00 (Ten Million Naira) only against the 2nd Defendant.
We are pleased to have advised 7 Waves Petroleum Limited; the licensee of Kugbo West Marginal Field PPL 205 in the setting up of Emaga-Kugbo Host Community Development Trust Funds (HCDT) as part of its obligations stipulated in Chapter 3 of the Petroleum Industry Act, 2021.
The Settlor is expected under the law to remit 3% of the Capital Expenditure of the preceding year to the Host Community Trust Funds account which will be expended in accordance with the need assessment of the Host Community.
The HCDT regime under the Petroleum Industry Act, 2021 replaced the regime of the Global MOU (GMoU).
Consequently, the Court found that the premature filing of the pre-hearing notice before the close of pleadings was fatal to the continuous hearing of the Petition under reference.
Our team was ably led by our Managing Associate; Isioma G. Kelubia, Esq, Joy Okako Esq, Teejani Jimoh Esq and Queen Jim-Ogbolo Esq.
We are pleased to have been part of the Consortium of Legal Practitioners that successfully represented; His Excellency, Governor Uba Sani in the 2023 post-election litigation right from the Election Petition Tribunal, sitting in Kaduna to the Supreme Court wherein his election in the 2023 Governorship Election in Kaduna State was challenged.
The Peoples’ Democratic Party’s Candidate; Mohammed Ashiru Isa filed a Petition against the election and return of the Executive Governor.
On the final appeal to the Supreme Court, the Apex Court upheld the concurrent findings of the two courts below that the Petition was abandoned by virtue of the Petitioners’ non-compliance to the mandatory provisions of Paragraph 18 of the 1st Schedule to the Electoral Act, 2022 (as amended).
Consequently, the Court found that the premature filing of the pre-hearing notice before the close of pleadings was fatal to the continuous hearing of the Petition under reference.
This landmark decision re-affirms the position of the law as stated earlier by the Supreme Court in MAKU v SULE (2019) LPELR-58513(SC) amidst the other position taken by the Court of Appeal in other cases and accordingly provided the necessary clarity on the jurisprudence of Paragraph 18 of the 1st Schedule to the Electoral Act, 2022.
Our team who worked with the Consortium were; M. J. Numa, SAN, B.J Tabai, Esq, Aifuwa Imadegbelo, Esq. Queen-Jim-Ogbolo, Esq, (Miss).
We are pleased to have represented the Delta State Government towards the recovery of the sum of N240,654.216.460.23 (Two Hundred and Forty Billion, Six Hundred and Fifty-Four Million, Two Hundred and Sixteen Thousand Four Hundred and Sixty Naira, Twenty-Three Kobo) Only being revenue from various deductions made by the Nigeria National Petroleum Corporation (NNPC) for payments of subsidy and priority projects from the Federation Account without reflecting, deducting and disbursing to the oil producing state, the 13% derivation due on the said deduction from 1999 - 2021, before Honourable Justice A.R Mohammed .J of the Federal High Court of Nigeria, wherein the Court acceded to the indices proposed to the FAAC as the true reflection of the disbursement accruing to the State Government in line with the defense put forth by the Legal Team.
Our firm was a part of the consortium instructed by the Honourable Attorney General of Delta State.
We are pleased to have advised Lineman Group; a Nigeria cooperation in the acquisition of Zambian Group (CEC Lenux) from North South Power; the operators of the Shiroro Hydro Concession. The recent acquisition puts Lineman as the majority shareholders of the concession.
Our transaction advisory team; includes; Michael Jonathan Numa, SAN and Isioma Kelubia Esq.
We are pleased to have represented a group of ex-agitators in the Presidential Amnesty Programme before the Federal High Court, Yenagoa in a Garnishee Proceeding.
We obtained an Order Nisi against the Presidential Amnesty Programme to recover the unpaid monthly stipends of Seventy-Four (74) Ex-agitators on the strength of a Terms of Settlement duly executed by our Clients and the Presidential Amnesty Office which was entered as a consent judgment.
In a bid to challenge the propriety or otherwise of the Order Nisi, the Judgment Debtor, and the Garnishee filed Objections and Affidavits to Show Cause as to why the Order Nisi should not be made absolute.
They contended that the Judgment Debtor is an agency of the Federal Government, hence, the prior consent of the Attorney General must be sought and obtained before commencing a Garnishee proceeding. More so, they contended that they had fully complied with the consent judgment of the Court, hence the Order Nisi should be set aside.
In contradistinction to the arguments of the Judgment Debtor and the Garnishee, we contended that the prior consent of the Attorney General is not necessary for the institution of a Garnishee proceeding against the Judgment Debtor because the Garnishee is a banker to the Federal Government and maintains an account in the name of the Judgment Debtor under the auspices of the OFFICE OF THE SPECIAL ADVISER TO PRESIDENT ON NIGER DELTA and is funded through the Treasury Single Account (TSA).
We further contended that the Garnishee has since fulfilled a part of the consent judgment that gave rise to the Garnishee proceeding, hence the issue of consent cannot arise at this stage.
In a well-considered ruling delivered on the 8th day of March 2024, the Court agreed with our contention and accordingly made the Order Nisi absolute against the Judgment Debtor and indeed the Garnishee.
We are pleased to have advised 7waves Petroleum Limited; a wholly Nigerian Energy Company, in the acquisition of the Kugbo West Marginal Field PPL 205.
PPL 205 is an asset located in the Emago-Kugbo Community of Abuo-Oduo Local Government Area of Rivers State, recently divested by Shell Petroleum Development Cooperation (SPDC).
We are also advising on the setup of the Host Community Development Trusts and other ancillary structures in accordance with Chapter III of the Petroleum Industry Act, 2021.
Our Energy Law Practice group comprises of M.J Numa, SAN, I.G Kelubia, Esq, JP Okako, Esq, Teejani Jimoh, Esq and Queen Jim-Ogbolo Esq.
We are pleased to have successfully represented Vertex Agro Limited (a leading Agro-Allied Company in Nigeria) in a product liability litigation against the Defendants; KUNLE ELECTRICAL COMPANY LIMITED & ANOR arising from a Turnkey contract on an EPC basis for the supply, installation and commissioning of a 1000KVA ABB transformer specifically-suitable to power its cashew nut factory located at KM 4 From Zuma Rock, Abuja-Kaduna Express Way, Niger State.
The High Court of Niger State, Suleja Judicial Division in a well-considered judgment delivered on the 21st day of November, 2022 acceded to our reliefs and adjudged the case as meritorious; hence, it awarded special damages for the monies had and received representing the entire contract sum and general/exemplary damages for fraudulent misrepresentation by the Defendants.
Our litigation team in persons of: M. J. Numa, SAN, Isioma G. Kelubia, Esq and Y. M. Zakari, Esq. had cause to handle the matter to a success.
We are pleased to have successfully represented the Delta State Government (a sub-national government in Nigeria) in a $1.638,396,277 (One Billion, Six Hundred Thirty-Eighty, Million, Three Hundred and Ninety-Six Thousand, Two Hundred and Seventy Seven United States Dollars) Only litigation against the Federal Government of Nigeria being the 13% derivative sum due as arrears of revenue accruing to the Delta State Government since 2003, from the correct implementation of Section 16(1) Deep Offshore and Inland Basin Production Sharing Contracts Act, Cap D3 LFN 2004 whenever the price of crude oil increase in the global market above $20.000 per barrel.
The Federal High Court, in a landmark decision, ruled in favour of the Delta State Government, acknowledging the merit of our claim and directing the Federal Government of Nigeria to fulfil its obligations by making the overdue payments.
This victory underscores our unwavering commitment to serving our clients with excellence and upholding justice in every aspect of our practice.
We are pleased to have successfully represented the Economic Community of West African States (ECOWAS) Commission ( a foremost and multilateral regional body and conglomerate of 15 States in Africa) in a Cross- Border/Multi-jurisdictional Construction Arbitration Proceeding, instituted by an Italian Cooperation; Memetech SRL against the ECOWAS Commission (the Contracting Authority) and The European Union (the financing authority) with respect of the Joint-Border Post (JDP) in Seme-krake (border between Nigeria and Benin under the 10th EDF.
The arbitration was a complex commercial dispute involving a multi-million dollar claim against the ECOWAS Commission and involving a conflict of law such as the Nigerian Law, Beninese law, and the Belgian law respectively.
The Tribunal, after a dispassionate consideration of all the issues including the preliminary issues bordering on jurisdiction, applicable law, and proper parties, the tribunal dismissed all the objections and proceeded to consider the case on its merit and accordingly dismissed the entire claim of the claimant against the ECOWAS Commission and granted the counterclaim of the ECOWAS Commission ordering specific performance of the contract, directing Memetech SRL to complete the execution of the contract and for the European Union to make the payment of the contract sum.
This is another landmark proceeding, the firm successfully conducted as a testament to our capacity and diligence.
The Firm successfully invoked the original jurisdiction of the Supreme Court of Nigeria vide an originating summons taken out on behalf of kano State in suit no: SC/CV/200/2023 - Between ATTORNEY GENERAL OF KANO STATE v. ATTORNEY GENERAL OF THE FEDERATION challenging the Federal Government’s unilateral redesign of the Naira Notes.
The Supreme Court in its judgment delivered on the 3rd of March, 2023, acceded to the reliefs in the originating summons and accordingly declared the purported redesign of the Naira Note, without wide consultation and the unilateral limitation placed on the withdrawal of funds by the Federal Government to be unlawful and unconstitutional.
The EFCC not being a supra-natural agency above other agencies created by law, cannot be at large with respect to all economic matters especially when there are specialised agencies such as the Federal Inland Revenue Service saddled with the specific responsibility of handling tax related matters.
This is another landmark proceedings that the firm participated in, in conjunction with the Law firm of Aliyu & Musa Partners.
The Firm successfully challenged the powers of the EFCC to dabble into the investigation of Tax Related matters vide an originating summons before Federal High Court, Coram; Hon. Justice M. O Olajuwon in Suit No: FHC/ABJ/CS/181/2023 – Between VERTEX AGRO LIMITED v. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC).
The Trial Court acceded to our contention that by virtue of combined provision of Section 6 and 7 of the Economic and Financial Crimes Commission (Establishment) Act, 2004, Section 8 of the Federal Inland Revenue Service (Establishment) Act, 2007 and Section 2(1) of the Taxes and Levies (Approved List for Collection) Act, 1998, the EFCC lacks the requisite powers to attempt to investigate, levy or punish individuals and corporations for alleged tax infractions.
The EFCC not being a supra-natural agency above other agencies created by law, cannot be at large with respect to all economic matters especially when there are specialised agencies such as the Federal Inland Revenue Service saddled with the specific responsibility of handling tax related matters.
This was a landmark decision which clearly defines the scope and powers of the EFCC. We are pleased to have acted counsel to the Plaintiff in this litigation.
The firm successfully defended the ECOWAS Commission before the ECOWAS Community Court in a contentious dispute involving more than 6 million dollars.
The firm successfully represented Vertex Agro Ltd in a contentious commercial litigation for the recovery of $190,000.00 ( One Hundred and Ninety Thousand Dollars) from a failed Bill of collection transaction between a finance consultant and our client, before the Federal Capital Territory, High Court, Abuja.
The Firm successfully defended The Commission in an employment dispute involving a claim of over 6 Million Dollars, wherein the President of the ECOWAS Commission and President of the ECOWAS Court of Justice are jointly sued as the 1st and 2nd Respondents respectively, before the Community Court of Justice of the ECOWAS Commission.
Firm successfully represented Hon. Micah Jiba at an election petition matter thereby securing his seat at the National Assembly.
Firm successfully represented First Bank of Nigeria Limited in a transaction dispute at the Trial Court.
Firm successfully represented Vertex Agro Nigeria Limited in a transaction dispute at the Trial Court and Court of Appeal. Matter now pending at the Supreme Court.
