Court of Appeal Affirms Bayelsa State High Court Judgment of N1.006 Billion Against the Government of Bayelsa State
The Court of Appeal, Port Harcourt Division on the 26th of August, 2024, delivered a landmark judgment via Zoom in Appeal No: CA/PH/100/2021 between Government of Bayelsa State & Anor v. Rematon Services Limited wherein the Appeal filed by the office of the Attorney General and Commissioner for Justice, Bayelsa State against the Judgment of the High Court of Bayelsa State handed down on the 15th of January, 2021 by Hon. Justice D.E. Adokeme was dismissed as grossly lacking in merit, while affirming the judgment of the trial Court ordering the Appellants (Government of Bayelsa State and the Attorney General of Bayelsa State) to pay the sum of N1,006,157,040.71 (One Billion, Six Million, One Hundred and Fifty Seven Thousand , Forty Naira, Seventy Kobo), being the exact amount the Appellants owe the Respondent for the construction of the Bayelsa State Judiciary Complex, Bayelsa State, and interest at the rate of 10% per annum on the judgment debt from the date of delivery till final liquidation of the judgment debt.
The substance of the Appellants’ Appeal was that the trial Judge erred in law in allowing the Respondent’s amendment and accompanying Written Statement on Oath and documents; and in relying on the said processes which were not properly before the Court in delivering judgment in favour of the Respondent.
But the Court of Appeal, in a unanimous judgment delivered by Hon. Justice A.M. Talba, JCA, after referring to the elementary principle of the law on amendment of pleadings, held that the argument of the Appellants counsel shows that he is not at home with the law on amendment; especially as the amendment was sought before the commencement of trial and there was no objection as to the timing and substance of the amendment. The learned Jurist of the Court of Appeal and further held that the trial Judge was right in granting the amendment sought and the accompanying statement on oath and documents, in line with the principle of audi alteram partem; and accordingly resolved the first issue in favour of the Respondent.
CONTINUE READING THIS ARTICLE BELOW AFTER THESE IMPORTANT NOTICES
Log in to primsol.lawpavilion.com and store.lawpavilion.com to enjoy the best E-journals, textbooks, and many more. For further enquiries/assistance, send an email to customercare@lawpavilion.com or call 08050298729
Click on the Image to read more. Send your CV and cover letter to: ars.jobs@ymail.com. Use the position as the subject line
The Court of Appeal also affirmed the trial Court’s finding that the Appellants are not disputing the fact of completion of the contract by the Respondent, as the Appellants in fact admitted the completion of the project in paragraph 6 of the Further Amendment of the Statement of Defence; and that the greatest evidence of completion was the Court hall where the Judge was sitting – Res ipsa loquitor!; and held that the trial Judge properly evaluated the evidence and that the arguments of the Appellants counsel to the contrary was self-defeating, stating that one cannot eat his cake and have it.
His Lordship, Hon. Justice A.M. Talba, JCA, in his lead judgment, observed that the Appellant, upon completion of the High Court Complex project by the Respondent, claimed credit of the project and wondered why the Appellant was now denying its obligation of paying the Respondent, being the contractor of the project, the outstanding contract sum of N1,006,157,040.71. Â On the strength of the above, the Court Appeal resolved the second and last issue in favour of the Respondent and held that the Appeal was grossly unmerited.
In concluding, the Court of Appeal observed that Government is permanent unto eternity though those in charge come and go; they must discharge their functions with the fear of God. The Court of Appeal berated the oppressive and inhumane attitudes of Governments and observed that many innocent citizens have gone to their early grave owing to the failures of Governments, as in this case, to fulfill their obligations to contractors who borrow huge sums of monies with interest to execute contracts awarded by Governments with huge interests accruing on such facilities. The erudite Jurist of the Court of Appeal, in his final words reminded all and sundry that this is not the end of the Judgment; not even the Supreme Court; and that there is a final Judgment of the creator where everyone will be judged some day.
It will be recalled that the High Court Complex contract was awarded to the Respondent, whose alter ego was one Arch. Reuben Ojokojo (now late) by the Government of Bayelsa State sometime in February, 2001. The project was duly completed in 2009 and dedicated by the Bayelsa State Government. The project was later commissioned by former President Goodluck Jonathan sometime in 2010 and has since been in full use as the Bayelsa State Judiciary Headquarters, without complete payment of the contractor of the project. Sadly, in the process of pursuing his payment, Arch. Reuben Ojokojo, the then Managing Director of Rematon Services Llimited, being the contractor of the project died, leaving his widow and children to pursue payment of the debt owed the Respondent by the Government of Bayelsa State which led to the institution of the suit at the trial Court.
Throughout the pendency of the matter at the trial Court up until the delivery of judgment, the Respondent has been amenable to amicable settlement of the matter and payment of the undisputed contract balance on installment basis but the move was frustrated by the Honorable Attorney General of Bayelsa State – Biriyai Dambo, SAN who advised against the installment payment of the contract balance legitimately owed the Respondent by the Government of Bayelsa State and rather elected to file a baseless appeal against the judgment of the trial Court alongside a motion for stay of execution of the Judgment. The Honorable Attorney General of Bayelsa State also failed and refused to comply with the order of conditional stay of execution made by the trial Judge on the 10th of March, 2021, for the judgment debt to be paid into an interest yielding account in the name of the Chief Registrar of the Bayelsa State Judiciary within one week of the ruling. Consequently, contempt proceedings were initiated by the Respondent against the Attorney General of Bayelsa State. The Hon. Attorney General, Mr. Biriyai Dambo, SAN appealed to the Respondent to withdraw the contempt proceedings with a promise of paying the judgment debt in installment and even prepared proposed Terms of Settlement but upon withdrawal of the contempt proceedings, he reneged on his promise and continued with the Appeal at the Court of Appeal. The Respondent, as a mark of respect for the Court and the judicial process, took no further step on the matter  but patiently waited for the Court of Appeal’s final decision until the recent judgment delivered by the Court of Appeal in favour of the Respondent on the 26th of April, 2024.
It is the Respondent’s firm but respectful view that the aforesaid actions of the Hon. Attorney General and Commissioner for Justice of Bayelsa State were deliberate and malicious moves towards delaying justice for the Respondent  and denying the Respondent from reaping the fruit of its judgment, being the undisputed contract balance sum for the building of the Bayelsa State High Court Complex, which prides as one of the best High Court complexes in the Federation, without any lawful justification. Having patiently waited for the Court of Appeal to deliver its judgment on the merit; and having obtained a favorable judgment from the Court of Appeal, the Respondent is calling upon the Miracle Governor of Bayelsa State – Senator Douye Diri, to adhere to the admonition of the Court of Appeal in the judgment and act with conscience, good faith and the fear of God by ensuring the payment of the judgment debt, even if on installment basis, and not allow the Honorable Attorney General of Bayelsa State, Mr. Biriyai Dambo SAN to continue to use his office to perpetrate and unleash further oppression, suppression and frustration against the Respondent / Judgment Creditor who is a fellow citizen of Bayelsa State as an unfair reward for a contract satisfactorily executed for the benefit of Bayelsa State.
FOR SUPPORT TO BARRISTERNG BLOG, DONATE TO: 1. NAIRA ACCOUNT: 1023046978 - UBA Â 2. USD ACCOUNT: 5090743566 - FIDELITY BANK PLC
Call Bridget Edokwe Esq on 08060798767 or send your articles to barristerngblog@gmail.com
A Must-Have for Every Lawyer: Order Justice Alaba Omolaye-Ajileye’s Latest Books on Electronic Evidence Today: To order your copies, click the link below and order directly from the author:
https://velvety-cendol-7387ed.netlify.app/
FOR INQUIRIES AND PLACEMENT OF ORDER, CALL OR SEND MESSAGE TO THE NUMBERS BELOW:
Princeton Publishers Co Ltd, 5 Mojidi Street, off Toyin, Lagos. 08028636615; 08037667945, 08032253813 or +234 902 196 2209 Or Faculty of Law, Abia State University.
SHOP NOW
The Price is 10k for Hard Copy less freight and 5k for E- Book copy in the Store of the Website. https://buokorie.com/store/ To access the hard copy, Call - 07087622283
