The High Court of the Federal Capital Territory (FCT) in Nyanya, Abuja, on Thursday, restrained the Nigeria Security and Civil Defence Corps (NSCDC), its Commander-General, Ahmed Audi, and others from further harassing a contractor, Christian Igbo, over a completed contract,premium times report.
In a judgment, the judge, Edward Okpe, also ordered the security agency to pay Mr Igbo over N29 million balance of the contract sum legitimately awarded and executed by him.
The News Agency of Nigeria (NAN) reports that the applicant had, in an originating motion on notice marked: CV/2115/2023 and filed by Pascal Obioha, sued the NSCDC, the commander-general, and some agency officials.
The rest of the respondents are Fabian Ejezie (Finance) and Mpamugo Ifeanyi Bartholomew, Victor Olarenwaju, Mr Kukuyi (Accountant General Staff in Charge of CPO), and Chukwuemeka Okeke.
Judgement
Delivering the judgement on the suit filed in January, the judge held that where an application was not controverted by a party, averments therein would be deemed to have been admitted by the party.
“The respondents ganged up to deprive and frustrate the applicant from getting the balance of the contract sum which he has excellently and duly executed unless the said part-payment is withdrawn and shared amongst them,” he added.
The judge consequently granted five of the seven prayers of the claimants.
The applicant, a businessman and managing director of Davenchris Ventures LTD, IB-Technicals Ltd and Chrisreubben Enterprises, sought seven reliefs which include an order to enforce his fundamental human rights of freedom, personal liberty, fair hearing and human dignity as guaranteed by Chapter IV of the 1999 Constitution.
He sought a declaration that the continuous threat to his life and attempt to arrest and detain him under the instructions of NSCDC officials sued as respondents on a purely civil transaction of award and execution of the contract, is illegal and unconstitutional.
He also said that it was against the provisions of the Nigerian Constitution but also those of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.
Prayers
He sought an order directing the respondents to pay him the balance of the contract sum legitimately awarded and executed by the applicant for the 1st and 2nd respondents totalling N29. 3 million without any unlawful interference and the use of undue influence to frustrate the payment of the said money to the applicant by the 3rd, 4th, 5th, 6th and 7th respondents.
“An order of perpetual injunction, restraining all the respondents from further threat to life; attempt to arrest, detain, intimidate the applicant and/or his family members either by themselves or by any enforcement agent and/or intruding on the applicant’s privacy or business premises.”
He also sought damages of N200 million ‘severally’ and jointly paid by the respondents for the unlawful threat to his life, among others.
Giving the grounds why his prayers should be granted, Mr Igbo said he executed the said contracts, and the respondents paid part of the contract sum into his company accounts amounting to over N23 million (N23,887,154.89), remaining the balance of N29,360,697.00
Mr Igbo said the officers insisted on their unlawful and unwarranted demands from him.
Although the respondents were represented in court by Evelyn Charles-Fyanya, they did not file any counter affidavit.
