Stories by Vivian Okejeme Abuja
A firm, Afro Euro Concerns Limited, has dragged the Zamfara State Government before a Federal High Court, Abuja, over its alleged refusal to pay a N338.1million debt amassed by defaulting on contract agreement. In the writ of summons fi led by the fi rm, through its counsel, Casmir Igwe, Esq., the company asked the court for order of immediate payment of the sum of N338, 129, 209, 81 million by the defendants to the plaintiff for Consultancy fees.
Th e fi rm also asked the court for 21 percent interest on the judgment sum from the date of fi nal judgment until the judgment debt is fi nally liquidated by the defendants. In the affi davit in support of the writ of summons, deposed to by Mr. Chuks Okoko, the plaintiff said it entered into a consultancy agreement with the Zamfara state government for the construction of ultra-modern Abattoir at Gusau International Cargo Airport for a fee of N338, 1miilion after series of meetings in Abuja and Gusau.
It reads: “Th at upon the Plaintiff ’s engagement to undertake the consultancy services, the defendants requested for payments of some money and taxes to the defendants in order to perfect the engagements which the plaintiff fully complied with by paying as follows: “Demand and payment of the sum of N170, 000. 00 to the defendant on the 16/10/2009, for the contract agreement, demand and payment of the sum of N1, 258, 062. 00, to the defendants on the 21/10/2009 as processing fees, and demand and payment of the sum of N1, 690, 646. 04 to the defendants on the 21/10/2009 as contract registration fees, as well as demand and payment of the sum of N3, 381, 492. 98 on the 23/10/2009 as stamp duty fees.
“Th e plaintiff fulfi lled all statutory obligations including payments of taxes, stamp duties and sundry charges to the defendants as listed in paragraph 4 iv above and hereby attaches the various payment receipts for the payments in paragraph 4 above and marked Exhibit B, C, D and E respectively.
“Th at in fulfi llment and compliance with the terms and conditions of the Consultancy services engagement by the plaintiff , the defendants through their Directorate of Livestock Development, being the directorate in charge, on the 28/10/2009 requested the payment of the consultancy fees N338, 129, 209. 81 as duly approved by the Zamfara state Government Executive council meeting Annexed to the Hon. Commissioner, Ministry of Budget & Economic Planning in favour of the plaintiff but to no avail. Th e defendants’ letter dated and received on 28/10/09 is hereby attached and marked Exhibit F and F1.
“Th at upon completion of the consultancy services and despite lack of release of any sum or even the 30% down payment to the plaintiff , the plaintiff on March 23, 2010 wrote and notifi ed the defendants through the offi ce of the Honourable Special Adviser to the Governor, Ministry of Livestock Development, of the completion of the assignment and proceeded to request for release of the payment in the sum of N338, 129, 209. 81 the plaintiff ’s letter of notifi cation and demand for payment is hereby attached and marked Exhibit G.
“On the 18th March 2011, the Plaintiff company wrote the Executive Governor of Zamfara state and hand delivered same in Abuja demanding the payment and forwarded all the documents as requested by the Governor for their verifi cation and payment of which the Governor upon his verifi cation and confi rmation of the debt orally pledged to eff ect the payment to the Plaintiff but only pleaded for time in view of the economic situation of the state. Th e Plaintiff ’s letter is hereby attached and marked Exhibit I.
