Court orders court process to be served on Rotimi Ameachi

Friday, January 20, 2023 4:34 pm

Akin Kuponiyi

An Abuja high court sitting at the Federal Capital Territory Jabi-Abuja has ordered that all the court processes filed by a limited liability company, Maratam Limited, against the former minister of transport Chibuike Rotimi Ameachi and four others be served on him and one Hajia Nene Lawal by subsisted means of Newspaper publication.

The order of the presiding Judge, Abubakar Idris Kutigi, was sequel to an application filed and argued before the court by Barrister Dr Olukayode Ajulo, urging the court to order for substituted service of the court process on the defendants, as all attempts to serve them personally has failed.

Joined as co-defendants are two limited liability companies Kephren Business Limited, Goldman & Demsky and Nigeria Port Authority.

The Claimant, Maratam Limited is a Limited Liability Company duly incorporated under the provisions of the Companies and Allied Matters Act.

The Ist Defendant Kephren is a Private Limited Liability Company duly incorporated under the Companies and Allied Matters Act.

The 2nd Defendant Goldman & Demsky is a Foreign Company registered in Nevis and represented by the 3rd Defendant Hajia Nene Lawal.

The 3rd Defendant is the representative of the 2nd Defendant concerning the execution of the Tripartite Consultancy Agreement between the Claimant and the 2nd Defendant.

The 4th Defendant Nigerian Port Authority is the Federal Government Agency that governs and operates the ports of the Federal Republic of Nigeria.

While the 5th Defendant Chibuike Rotimi Ameachi is the former Honourable Minister of Transportation with supervisory responsibilities on matters relating to transportation including maritime, road and rail transportation in Nigeria.

According to the suit filed before the court by Dr Kayode Ajulo, Maratam Limited company alleged that

on the Ist day of December 2011, the company Kephren Business Limited and Goldman & Demsky, entered into a Tri-Partite Consultancy Agreement to work together for the award and subsequent execution of contracts for the provision of Crude Oil Monitoring at Offshore Terminals and Collection of Offshore Terminal Dues for the Nigerian Port Authority.

The NPA issued the 1st Defendant an award of the contract with a letter dated 5th December 2011 appointing the Kephren Business Limited as the Nigerian Port Authority Agent for the Collection of Oil Terminal Dues (OTD) for the Bonny/Port-Harcourt Pilotage District for Ten (10) years effective from Ist of January 2012.

The Claimant further avers that by Clauses I(2), (4) and 2(D) of the TriPartite Consultancy Agreement, the Claimant Maratam Limited is entitled to prompt payment of a consultancy commission fee of 35% of every profit accruable to Chibuike Rotimi Ameachi in pursuance of the Award and subsequent execution of the contract for the Collection of Offshore oil Terminal Dues for the NPA throughout the execution of the Contract.

The Claimant further states that Clause I(2) of the Tri-Partite Consultancy Agreement provides that:

“The second party (Ist Defendant) shall pay the first parties (Claimant and the 2nd Defendant respectively) a consultancy commission fee of 50% of the profit accruable from the contract to be broken down amongst the first parties as follows:

Maratam Limited 35%

Goldman & Demsky 15%”

The Tri-Partite Consultancy Agreement provides that:

“Any payment both on-shore and off-shore, to the first parties shall be made immediately upon receipt of payment from the client into the second party’s account.”

Clause 2(D) of the Tri-Partite Consultancy Agreement provides that: “This Consultancy Agreement shall come into being on the effective date being the date of signing of the Agreement and shall remain in force for the duration agreed in the contracts for the provision of crude oil monitoring at offshore terminals and Collection of Offshore Terminal Dues for Nigerian Ports Authority (NPA).”

The Claimant avers that the representative of Ist Defendant, Mr Adeoye Aderemi, communicated to the Claimant through its Director, Mr Ibrahim Clarkvia email on the 27th day of January 2012 stating that the scope of terminals assigned to the 1st Defendant had been increased.

The Claimant avers that a copy of the Contract relating to the work outlined in the aforementioned award letter was signed on the 2 1st day of December 2012, detailing 15 Offshore Oil Terminals to be within the scope of work of the 1st Defendant, namely, Bonny, Brass, Okwori, Okono, Akpo, Ima, Okoro,

Usan, Sea Eagle/ E.A. Offshore, Oyo, Bonga, Erha, Obe, Agbami and Ebok. The said Contract Agreement shall be relied upon at the trial of this suit.

However, the Claimant avers that contrary to the provisions of Clauses I (2) & (4) of the Tri-Partite Consultancy Agreement of the parties and other correspondence between the parties which mandated the 1st Defendant to directly credit the Claimant with its consultancy commission fee of 35% of every profit accruable to the last Defendant as and when due, the Ist Defendant was paying same through the Hajia Nene (the representative of Goldman&Demsky.

The Claimant avers that from its record, Goldman Demsky through Hajian Nene has only remitted to the Claimant the total sum of $390,832.99 (Three Hundred and Ninety Thousand, Eight Hundred and Thirty-Two US Dollars and Ninety Nine Cents).

The Claimant avers that from 2015 till date, the Claimant has not been paid its consultancy commission fee of 35% of every profit accruable to the 1st Defendant notwithstanding that the execution of the 1st Defendant’s Contract Award for the Collection of Offshore oil Terminal Dues for the NPA is still subsisting, contrary to Clauses I(2), (4) and 2(D) of the Tripartite Consultancy Agreement.

The Claimant avers that sometime in 2016, it was informed by the Hajia Nene that upon the assumption of office of Rotimi Ameachi as the Federal Minister of Transport, he directed the last Defendant to stop all payment of dividends due to the Claimant based on the fact that one of the Claimant’s directors; Chief (Dr.) Senator Edwin Kiagbodo Clark, OFR, CON is his political rival.

The Claimant states that it has written several letters and held several meetings with representatives of both the 1st and 2nd Defendants over the non-payment of its dues from the Tripartite Consultancy Agreement and every effort to ensure payment has proved abortive.

It engaged the services of his Solicitors, Messrs Kayode Ajulo & Co. Castle of Law to demand the immediate payment of the consultancy commission fee due to the Claimant from the 1st Defendant, It also set actions in motion to commence Arbitration proceedings against the 1st and 2nd Defendants but same was frustrated by the duo.

while the last Defendant has continued to receive monies from the NPA in pursuance of the execution of contracts for the Collection of Offshore oil Terminal Dues for the NPA no remittance has been made to the Claimant since 2015 till date, contrary to the Tripartite Agreement duly executed by the parties.

The Claimant further states that the Kephren company has also refused and/or failed to disclose to the Claimant the accurate amount of monies it has received from the NPA in contravention of Section 2 (c) of the Tripartite Agreement.

The Claimant shall contend at the trial of this suit that due to the joint and several actions of the Defendants, the Claimant has suffered severe economic damages and financial loss.

In consequence of the foregoing, the Claimant has sought and received Legal Advice from its Solicitors Messrs Kayode Ajulo & Co. Castle of Law, who upon the Claimant’s instruction, has now commenced this legal action, and which action has led to colossal expenses in professional fees, evidence of which shall be led at the trial of this Suit.

Consequently, the Claimant claims against the Defendants as follows:

A declaration that by the combined interpretation of the wordings of Clauses 1(2), (4) & 2(D) of the Tripartite Consultancy Agreement dated Ist December 20 11 executed between the Claimant and the 1st & 2nd Defendants in pursuance of “securing from the 4th Defendant a Contract Award and its subsequent execution for the Collection of Offshore oil Terminal Dues for the NPA, the Claimant is entitled to be paid by the Kephren company as and when due a consultancy commission fee of 35% of the accruable profits to the lst Defendant from the Contract Award for as long as the Contract is subsisting.

A declaration that the failure, refusal and/or neglect of the 1st Defendant to pay to the Claimant its consultancy commission fee of 35% of the accruable profits to the lst Defendant from the “Contract Award for the Collection of Offshore oil Terminal Dues for the NPA from 2015 till date is in contravention of Clauses I(2), (4) & 2(D) of the Tripartite Consultancy Agreement dated Ist December 2011 executed between the Claimant and the 1st & 2nd Defendants, and therefore constitute a breach of contract.

An order of the Court compelling the NPA to disclose the total sum of money paid to the Ist Defendant under the contract award for the collection of offshore oil Terminal Dues from the inception of same until the time of the judgment of this Court.

An order directing the last Defendant to pay to the Claimant the sum of N500,000,000.00 (Five Hundred Million Naira) only as general damages for economic hardship, financial loss and business setback the Claimant has suffered as a result of the last Defendant’s breach of contract.

An order directing the Ist Defendant to pay to the Claimant the sum of N10,000,000.00 (Ten Million Naira) as the cost of this suit.

Post-judgment interest of 21% per annum till the date of final liquidation, and any further or other orders as the Court may deem fit to grant in the circumstance of this suit.

Justice Kutigi while adjourning the suit till 21st of February,2023 for hearing, ordered that hearing notices should be issued to the 2nd to 5th defendants