Supreme Court reaffirms order directing NNPC to pay firm N8.1b
The Supreme Court on Tuesday reaffirmed its earlier judgement in which it among others, ordered the Nigerian National Petroleum Corporation (NNPC) to pay N8.1billion to a firm, BCE Consulting Engineers over a failed consultancy service contract.
The Supreme Court’s pronouncement was on an application by the NNPC, in which its prayed the apex court to review the judgment it gave on July 5, 2019.
The NNPC had hinged its request for a judicial review of the July 5, 2019 judgment on the grounds of alleged error of facts.
As provided in the Supreme Court Civil Procedure Rules, a judicial review is a procedure for review of an extant judgment.
NNPC had, among others, contended that the court did not hear their preliminary objection and that their cross-appeal was dismissed without hearing it.
But in its decision delivered by Justice Chima Centus Nweze, the apex court dismissed the application by the NNPC.
The court held that it could be cajoled with the kind of application filed by the NNPC. It added that the application was and abuse of court process.
The Supreme Court awarded N500,000 cost in favour of the respondent, to be paid personally by the lawyer to the NNPC.
BCE had, in July 1999, filed an action at the Federal High Court, Lagos in Suit No. FHC/L/C/I316/2000 against NNPC following NNPC’s termination of the contract at the directive of the Federal Government.
On March 7, 2002, the Court directed NNPC to pay BCE the sum of US$22,630,000.00 as damages for the illegal cancellation of the agreement.
The Court of Appeal directed NNPC to deposit the judgment sum of US$22.6million into court as condition for appeal to which NNPC complied.
On June 9, 2011, the Court of Appeal upheld NNPC’s appeal on the grounds that the Federal High Court lacked the jurisdiction over disputes arising from simple contracts.
On June 13, 2011, BCE appealed to the Supreme Court and urged it to set aside the Court of Appeal’ judgment given in favour of the NNPC.
On July 5, 2019, the Supreme Court held in favour of BCE and ordered the NNPC to pay the firm N8.1b in damages.
SOURCE: TheNationNigeria
