A Federal Capital Territory (FCT) High Court, Kubwa, Abuja, Friday struck out an application for a long adjournment by counsel to Abia State government, Chukwuma Ume (SAN) in the suit instituted by Mauritz Walton against the state government and three others on issues arising from the Paris Club Refund.
The trial judge Justice K. N. Ogbonnnaya, while striking out the application, expressed shock and surprise at the delay tactics employed by the Senior Advocate of Nigeria, saying it was unworthy of the counsel to have come to court and advanced such reasons for a long adjournment.
Mauritz Walton is suing Abia State government for its alleged refusal to pay the consultancy fee of N12bn after it successfully carried out reconciliation on the Paris Club Refund to the state.
Abia State government, Attorney General of the state, United Bank for Africa and Ziplon Concept Limited, are the 1st to 4th defendants respectively in the case.
At the resumed hearing of the matter Friday, Ume had announced his appearance for the 1st and 2nd defendants. He told the court that Tony Ogbolafor, Esq. who has been the lead counsel, was bereaved, and that henceforth, he would be leading Ogbolafor and others in the case.
However, Justice Ogbonnaya, proceeded with the business of the day which was a ruling on motion by the 4th (Ziplon Concept) defendant, that sought the case be adjourned indefinitely on grounds that it had lodged an appeal at the appellate court against the earlier ruling of the court. The court dismissed the motion on the ground that the outcome of the appeal would not affect the substantive matter.
Smith Imowo, who held the brief of Jeff Nijokonye (SAN), had argued that the 4th defendant had appealed against the ruling of the court in July this year which foreclosed the right of the 4th defendant to file statement of defence after undertaking not to do so, and abandoning the case for more than two years.
The court in its ruling, held that since it was only the 4th defendant that has an appeal, the count could not stay proceedings. She added that the outcome of the appeal may necessarily not affect the case.
She thereafter ordered the 1st and 2nd defendants to open their defence.
Ume then asked for a ” very long adjournment“ to look through the file. He said he needed time to consult his clients on whether to appeal the ruling of the court which refused to stay proceedings because of the 4th defendant’s appeal. He also said he was new in the case and needed time to go through the file. “I’m just coming into the matter today, I will not be able to comply with the ruling of today asking the 1st and 2nd defendants to open their defence. I have not opened the file, I don’t even know the witnesses. In line with Section 36(1&2) of the Constitution of the Federal Republic of Nigeria of 1999 (as amended) which gives defendants leave to defend themselves properly, I ask for long long time to prepare the defence. I have taken a sober analysis of your ruling just delivered, I need time to immediately revert to my clients and I’m sure they will want to escalate appeal against this wonderful ruling. I apply for a long adjournment.”
However, counsel to the plaintiff, Isaac Anumudu, who led Kenneth Nkwocha, Charles Ude and Uzoma Konyeaso, countered Ume, opposing the oral application for long adjournment.
He held that it was a ploy to frustrate the case. According to him, if there was need for adjournment, it should be a very short one because the case had lingered for too long.
He reminded the court that the defendants had earlier vowed to frustrated the matter, to make sure it does not see the light of the day.
He noted that Section 36, the counsel to the 1st and 2nd defendants referred to actually favoured the plaintiff’s case.
He wondered why the defendants would keep changing counsel, and any time a new counsel appeared, he would ask for a long adjournment.
He added that the learned Silk, Ume was the fourth counsel since the matter started in 2014, while reminding the court that when Ogbolafor took over the case last year through a fiat, he did the same thing and was obliged by the court.
He also wondered how an intention to appeal a ruling and interface with clients had become a ground to ask for a long adjournment.
“A counsel had come here before to lie that he wrote petition to the Chief Justice (CJ) to disqualify the trial court, alleging bias. When we went to the CJ’s office, it was found out that there was no petition. All was to frustrate and delay opening the 1st and 2nd defendant’s defence.”
Anumudu again reminded the court that it was at the instance of Ogbolafor, who requested for long adjournment and three days to be able to conclude with his witnesses that the case was adjourned to Oct 4, 6 and 7 in June 2021.
He noted that adjournment is at the discretion of the court and in excercising this, the court takes cognisance of parties’ disposition to it. “It has become a delay tactic usually resorted to by the defendants,” he submitted.
In a ruling, Justice Ogbonnaya held that it is a common knowledge in law that chambers handle cases and not an individual.
“Fair hearing is open to all parties in a suit. It is to be enjoyed by all. Any counsel who wants to enter into a matter must follow the laid down rules. Recording and notes of proceedings hold captive the judge and all parties; they speak louder than human brains. Fair hearing is not an open cheque that an individual can add an amount to be cashed. The learned Silk did not file any process to say he is new in the matter. If he said he was new, he would not have been given time in the matter. He repeatedly said he had not seen the file until only today. That is shockingly surprising for the learned Silk to have said that, which is shockingly strange. It is surprising that a counsel can come to court stating such reasons why a matter should be adjourned. It is more strange that a Senior Advocate of Nigeria can give such explaination without first taking a deep look before accepting to lead the team of lawyers. The court finds it difficult to believe that this time the learned Silk can agree to do so, to lead a team in a case that has lingered for over four years, and to say he had not seen the statement on oath of the plaintiff, and notes in the case. I find it difficult to believe. Asking for long adjournment of a case of over four years is strange and shocking to me. I can’t sacrifice justice, delay or truncate it. Telling the court that he will revert to his clients is saddening. With due respect, it is disrespectful to the court and the laws of the Federal Republic of Nigeria. No judge or court will entertain adjournment based on such grounds.”
She consequently dismissed the application and ordered the 1st and 2nd defendants to open their defence while adjourning the matter to the 14th, 15th, 18th and 19th October 2021 for the continuation of hearing.
In the suit marked: FCT/HC/CV/2470/2017, filed by Charles Ude & Co., the plaintiff is seeking the order of the court to make Abia government pay Mauritz Walton Nig.Ltd, the sum of N12bn being consultancy fee for it’s role the Paris Club Refund to the State.
The firm said Abia government had engaged it to pursue the refund of excess deductions on foreign loans and miscellaneous charges in exchange for a 30% percent commission on any fund recovered.
In an affidavit depised to by Dr. Maurice Ibe, the Chief Executive Officer/Group Managing Directir, Msuritz Walton Nig. Ltd., the firm averred that Abia state government owes Mauritz Walton Nigeria Ltd the sum of N12bn.
He said Abia state government had engaged Mauritz Walton Nig. Ltd on the 3rd of November, 2014 to pursue the reconciliation and refund of excess deductions on foreign loans and miscellaneous charges in exchange of 30 percent commission on any fund recovered.
But since completion of the reconciliation, according to Dr. Ibe, Abia government refused to fulfill its part of the agreement, but rather suspiciously brought in another firm (Ziplon Concept) to claim the consultancy fee.
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