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Paris Club Refund: Court Enters N13.3bn Judgement Against Katsina Govt
A Federal High Court in Abuja has ordered Katsina State Government to pay a firm, Mauritz Walton Nigerian Limited over N13.3billion for the debt management services it rendered to the state, which aided the refund of the $217,274,991.01 to Katsina by the Federal Government.
In a judgment Justice Inyang Ekwo, held that Mauritz Walton was able to establish, through credible evidence, that it was entitled to its claims as laid out in its suit filed and argued on its behalf by its legal team led by Wole Olanipekun (SAN).
Justice Ekwo said the N13,253,774,451.60 to be paid to Mauritz Walton, formed 20 per cent of the $217,274,991.01 refunded to Katsina State Government.
The judge ordered the state government to, in addition, pay the firm 20 per cent interest on the judgment sum to be calculated from October 1, 2018 until the day the judgment was given, and thereafter, at the rate of 10 per cent per annum until full and final payment.
The judgement was on a suit marked: FHC/ABJ/CS/1298/2017 by Mauritz Walton against the Minister of Finance, Central Bank of Nigeria (CBN), Accountant General of the Federation, Katsina State Government and its banker, the United Bank for Africa Plc.
Mauritz Walton claimed that it was appointed by Katsina State; by a letter dated August 18, 2014, with reference No: MOF/STAFF/409/1/31 to ascertain and recover the excess deductions by the Federal Government from its account to service its external debt between July, 1995 and March, 2002.
The firm stated that it was agreed between it and the Katsina State Government that it would be paid 20 per-cent of what was due to the state from the excess deduction, which is commonly referred to as the Paris Club refund.
Mauritz Walton’s Chief Executive Officer (CEO), Dr. Maurice Ibe stated, in his witness statement that, through his firm’s efforts, it was ascertained that Katsina State was entitled to $217,274,991.01 (estimated at N66,268,872,258.00 calculated at an exchange rate of $1 to N305) as Paris Club refund.
Ibe added that his firm’s efforts yielded further results when President Muhammadu Buhari, in 2016 directed the payment of the first tranche of the Paris Club refund to states, including Katsina.
He stated that, although almost all the amounts due to Katsina State had been paid into the state’s account, marked: 1019265062, in the United Bank for Africa (UBA), the state has refused and failed to pay his firm the 20 per cent fees agreed between parties.
Ibe further stated that despite the pendency of the suit and existing interim orders by the court, restraining further payment to Katsina, the 2nd defendant (Central Bank of Nigeria), on the instruction of the 1st defendant (Finance Minister) paid N35,364,610,435 to the 4th defendant (Kastina State), through the 5th defendant (UBA).
In his judgment, Justice Ekwo, said: “I find, by the evidence in this case, that the plaintiff has established the essential ingredients that must exist for a contractual relationship to be founded, that is; offer, acceptance, consideration, intention to create legal relationship and the capacity of the parties to enter into a contractual relationship by credible evidence which has not been successfully discredited by the defendants especially the 4th defendant.
“I hold therefore, that there was an agreement between the plaintiff and the 4th defendant for the payment of 20% commission charge of the recovered sum to the plaintiff by the 4th defendant.
“It is my finding also, that the defendants are ad idem (are in agreement) that the excess deductions have been fully paid to the 4th defendant and this was done during the subsistence of the debt management consultancy agreement between the 4th defendant and the plaintiff,” he said.
The judge faulted claims by the 1st, 2nd, 3rd and 5th defendants that they ought not to be joined in the suit on the grounds that they were not parties to the contract between the plaintiff and the 4th defendant (Katsina State).
“The 1st defendant (Minister of Finance) was duly informed and it actually acknowledged the receipt of notices of the appointment of the plaintiff as a debt management consultant of the 4th defendant.
“Since the 1st defendant has been so notified, it cannot claim not to know about the contract between the 4th defendant and the plaintiff on the debt recovery consultancy.
“The same applies to the 2nd and 3rd defendants (Central Bank of Nigeria and Accountant General of the Federation), who are agencies of the 1st defendants.
“The 1st, 2nd, 3rd, 4th and 5th (UBA) ought not to have taken steps that disturbed the res (subject of dispute) in this matter, especially when proceedings were on-going in this case and in the face of the orders of court to that effect.”
Justice Ekwo noted that it was strange that despite the presence of its lawyer throughout the duration of the proceedings, the Accountant General of the Federation did not file a defence in the case.
He held that: “The implication of a defendant failing to file a statement of defence in response to a statement of claim is well known in our jurisprudence. The law is that where there is no statement of defence filed in response to a statement of claim, the averments in the statement of claim are deemed as admitted.”
Justice Ekwo further held that: “Upon the evaluation of the relevant documentary evidence before this court, which evidence I have stated in the preceding pages of this judgement, I therefore have the requisite premise to hold that the case of the plaintiff has succeeded on the preponderance of evidence before this court.”
The judge proceeded to declare that the plaintiff was entitled to the 20 per cent of the $217,274,991.01 refunded to Katsina State Government by the Federal Government during the pendency of the contract between the 4th defendant and the plaintiff.
He ordered that the 4th defendant pays forthwith to the plaintiff the sum of N13,253,774,451:60 being its (the plaintiff’s) due remuneration for the consultancy services rendered by the plaintiff to the 4th defendant, leading to the recovery and release of 4th defendant’s said external debt excess debit refunds.
“The 4th defendant is hereby ordered to pay interest on the said sum of N13,253,774,451:60 at the rate of 20 per cent per annum from October 1, 2018 until judgment, and thereafter, at the rate of 10 per cent per annum until full and final payment,” the judge said.
Rivers State Governor, Sir Siminalayi Fubara, has described the late Chief Albert Korubo Horsfall as a distinguished statesman whose contributions to national development brought honour and distinction to the Kalabari Kingdom and Rivers State.
Fubara said Horsfall’s life of service, patriotism, integrity and commitment to humanity had left an enduring legacy that would continue to inspire generations.
The governor spoke through the Secretary to the Rivers State Government, Dr Dagogo Wokoma, at the funeral service of the late elder statesman last Saturday in Buguma, Asari-Toru Local Government Area of the State.
He described Horsfall as a patriotic Nigerian whose leadership and dedication to the country’s development earned him a place in the nation’s history.
“Chief Horsfall was a distinguished statesman whose life was defined by service, patriotism, integrity and commitment to humanity.
“His contributions to our nation, particularly through his service as Director-General of the State Security Service, pioneer Director-General of the National Intelligence Agency and Chairman of OMPADEC, remain significant milestones in our national history,” Fubara said.
The governor noted that the late Horsfall’s contributions to national security, intelligence administration and the development of the Niger Delta would remain part of his enduring legacy.
“His legacy of leadership, national service and dedication to development will remain an enduring source of inspiration to generations yet unborn,” he added.
Fubara urged the bereaved family, the Kalabari people and other Nigerians to uphold the values of peace, unity and selfless service exemplified by the late elder statesman.
The funeral service attracted several dignitaries, including the Director-General of the Department of State Services (DSS), the Director-General of the National Intelligence Agency (NIA), a representative of the Bayelsa State Governor, the Managing Director of NDDC, Chairman of PENDEF and the Regent of the Kalabari Kingdom.
Also in attendance were the Rivers State Commissioner for Education, the Commissioner for Special Projects and other government officials, traditional rulers and stakeholders.
Rivers State Governor, Sir Siminalayi Fubara, has reaffirmed his administration’s commitment to partner with local government councils that prioritize the welfare and development of people at the grassroots.
Fubara stated this last Thursday in Nkoro Town during the commissioning of the newly built Sir Siminalayi Fubara Corps Members’ Lodge, executed by Hon. James A. James, the Chairman of Opobo/Nkoro Local Government Area.
Represented by his Chief of Staff, Mr Sunny Ewule, the governor said the project goes beyond a building to represent hope, hospitality and responsible leadership.
According to him, providing decent and safe accommodation for Nationl Youth Service Corps (NYSC) members who leave their comfort zones to serve in communities is the least government can do.
“Today we are not just commissioning a building, we are commissioning hope, hospitality and responsible leadership. The Chairman of Opobo/ Nkoro LGA, Hon. James A. James has understood a very simple truth that those who come to serve us must serve with dignity,.
“Our young graduates who serves under the NYSC scheme leave the comfort of their homes and travel far to contribute to our communities, they teach our children, they work in our health centres, and they become parts of our families.
“The least we can do is give them a decent, safe and befitting place to lay their heads. What Hon. James A. James has done today is in total alignment with the vision of this administration, an administration that believes in people, that prioritises welfare and that believes development must be felt in every local government and not just in Port Harcourt” he said.
Fubara further urged the beneficiaries of the corpers lodge to make good use of the facilities of the newly built edifice and be good ambassadors of Nigeria, respect the culture and traditions of the host community while continue to serve with dedication and patriotism.
“This Corpers lodge will enhance the security and welfare of serving corps members, boost their morale and make Opobo/Nkoro and even more attractive place for posting, it is a strategic investment in human capital and in peace building,” he said.
He commended the Opobo/Nkoro Council Chairman for aligning with his administration’s vision of ensuring development is felt in all 23 local government areas of the State, and not just in Port Harcourt, adding that the lodge is a strategic investment in human capital, security and peace building.
In his goodwill message, the Rivers State NYSC Coordinator, Mr. Moses Oleghe, said the accommodation was 85 percent of Corps members’ challenges.
Oleghe thanked Governor Fubara for the recent increase in the State allowances for Corps members to N35,000 for those in 21 rural areas and N20,000 for those in Obio/Akpor and Port Harcourt City LGAs, describing the gesture as a moral booster for the corps members.
The Inspector-General of Police, IGP Olatunji Disu, has secured an offer of specialised training for up to 5,000 Nigerian police personnel under a proposed security cooperation involving Nigeria, the United States and Italy.
The Force Public Relations Officer, CSP Ani Iniedu, disclosed this in a statement issued at the Force Headquarters, Abuja, at the weekend.
The initiative is aimed at strengthening the operational capacity of the Nigeria Police Force to tackle insurgency, terrorism, kidnapping, arms trafficking and other emerging security threats across the country.
According to the statement, the proposed training programme will focus on counter-insurgency operations, intelligence-led patrols and tactical operations, particularly in difficult rural and forested environments.
Other areas of training include critical infrastructure protection, digital and scientific forensics, cybercrime investigations, explosives detection, financial investigations, asset tracing and anti-extortion operations.
The programme is expected to extend beyond the Police Mobile Force to other specialised units, including explosive ordnance disposal and forensic teams.
As part of the engagement, Disu met with the Commander-General of the Italian Carabinieri, Lieutenant-General Salvatore Luongo, to explore areas of technical assistance, professional training and institutional cooperation.
The police chief and his delegation also visited the Carabinieri Centre of Excellence for Stability Police Units in Vicenza, Italy, where they assessed training facilities and explored opportunities to adapt specialised policing programmes to Nigeria’s security needs.
Proposals discussed during the visit included command courses for 40 senior police officers, leadership training for 100 junior commanders and the deployment of a mobile assistance team to support Police Mobile Force training schools in Gwoza, Borno State, and Ila-Orangun, Osun State.
The discussions also covered the development of a national stability policing doctrine and standard operating procedures to improve professionalism, operational coordination and civilian protection, particularly in communities recovering from conflict.
Other areas of proposed cooperation include canine operations, forensic science and mounted policing, including horse breeding and local capacity development for effective public order management.
To formalise the proposed partnership, the IGP has initiated moves towards a Memorandum of Understanding covering specialised training, technology transfer and operational procedures.
He also invited an Italian Carabinieri assessment team to Abuja to identify priority needs and develop implementation arrangements.
Disu reaffirmed the commitment of the Nigeria Police Force to international partnerships that will strengthen operational readiness, improve investigative capacity and enhance the protection of lives and property.
The statement did not, however, indicate when the proposed training programme would commence or provide a definite implementation timetable.
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