(http://fmi.gov.ng/wp-content/uploads/2013/06/court-of-appeal-640x480-300x225.jpg) The Court of Appeal, Abuja, on Tuesday, 4th June, 2013 indicted the Managing Director/CEO of BPS Engineering and Construction Company Limited, Prince Chudi Charles Chukwuani and the Chief Registrar of FCT High Court, Mrs.Oluwatoyin Musa Yahaya, for releasing to Chukwuani, against court orders, the sum of N460 million judgement sums kept in the Chief Registrar's custody. This was despite two subsisting interlocutory orders by the Appeal Court and the FCT High Court in the case of BPS Engineering and Construction Company Limited vs. Federal Roads Maintenance Agency, pending the determination of the appeal by FERMA before the Court of Appeal.
In granting the application by FERMA for the Appeal Court to invoke its discretionary power to compel the Chief Registrar FCT High Court and Prince Chudi Charles Chukwuani to pay back the disputed judgement sum of N460 million into an interest yielding account in the control of the Chief Registrar, Court of Appeal in Appeal No.CA/A/225/2012, Justice, Abubakar Datti Yahaya, JCA, declared that it was unbecoming of a judicial officer of the rank of Chief Registrar of a High Court to ignore an order of court.
In reference to the attitude of the Chief Registrar of the FCT High Court, Justice Yahaya (JCA) cited the case of Governor of Lagos vs. Ojukwu (1986), 1 NWLR at 641 where Justice Oputa, JSC remarked, "... The Court system cannot be maintained without the willingness of parties to abide by the findings and orders of a competent Court until reversed on appeal. This presupposes that no party and no Court of subordinate or even co-ordinate jurisdiction can say, 'I do not have the order made and I cannot obey it'...and that posture has to be condemned in the strongest of terms if we are not to say good bye to the rule of law".
Declaring the action of the FCT High Court's Chief Registrar as an affront on the Judicial system and the rule of law, Justice Yahaya ordered the Plaintiff/Respondent's Managing Director, Prince ChudiChukwuani and the second respondent, Mrs. Oluwatoyin Musa Yahaya (Chief Registrar FCT High Court) to pay the judgement sum of N460 million into an interest yielding account in the control of the Chief Registrar, Court of Appeal within 30 days of the ruling.
The Central Bank of Nigeria, a party in the appeal expressed its satisfaction with the ruling of the Court.
While speaking to reporters after the ruling, principal partner of Ikani, Afolabi & Co., Counsel to FERMA, Barrister Ikani Simeon O, said the ruling by the Appeal Court is a good sign that the Nigerian judiciary has come of age and that all Nigerians need to invest faith in the system as the last hope of the common man.
According to him, FERMA had opposed the claims of the plaintiff as framed in the original case on the ground that the payment claimed by BPS then was based on interim statement and not engineer's certificate, which carries the actual amount payable on contracts as is the acceptable practice in the road construction industry. He also stated that BPS objected to deduction of VAT and withholding tax, which are normal practice in public finance policy.
He said FERMA went on appeal on the judgement delivered on 20th December, 2011 by the FCT High Court, No. 8, Suit No. FCT/HC/CV/312/07, in which the Court awarded BPS, the sum of N27,165,100.00 with 25% interest on the sum claimed from 2006 until finally liquidated; a whopping sum of N50 million in general damages as well as N100, 000 cost of litigation. The Counsel further stated that FERMA filed and served a notice of appeal against the judgement as well as a motion for stay of execution on BPS and FCT High Court, same day of the judgment. In addition, FERMA applied for a copy of the judgement, which according to the Counsel, the Judge at the trial Court has failed to give to either party till date.
Via: Federal Ministry of Information (FMI) Nigeria