Human rights lawyer and former Chairman of the National Human Rights Commission, Prof. Chidi Anselm Odinkalu, CGoF, has shared a 2017 court ruling exposing how four different parties filed separate suits claiming to be consultants entitled to between 24% and 30% each of Abia State’s Paris Club refund — a scheme that would have left the state with nothing.
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In a post on his X (formerly Twitter) handle on Monday tagged “#ThrowbackMonday,” Prof. Odinkalu wrote:
“In 2017-18, @NigeriaGov determined to distribute the #ParisClub refund to the states. In Abia State, indigenous vultures gathered to share the money. 4 different sets of interests claimed to have been ‘consultants’ for the @NG_AbiaState in securing the funds. In different processes, they applied to @FederalHigh each for between 25-30% of the money. Abia State was to be condemned to getting nothing of the funds. It left Justice Aladetoyinbo of @FederalHigh righteously fuming & breathless. This ruling describes in summary detail how they all ruin #Nigeria.”
The ruling Odinkalu attached was delivered by Justice S.C. Aladetoyinbo of the High Court of Justice of the Federal Capital Territory, Abuja, in Suit No. FCT/HC/CV/0175/2017 — Ziplon Concept Limited v. Government of Abia State, Attorney General of Abia State & Hon. Minister of Finance.
Justice Aladetoyinbo’s ruling identified four different parties who filed separate suits claiming to have executed the same consultancy services for Abia State in respect of the Paris Club refund:
Ziplon Concept Ltd v. Government of Abia State, Suit No. FCT/HC/CV/0175/2017, pending before Justice Aladetoyinbo, claiming 24% of the refund.
Mauritz Walton Nigeria Ltd v. Govt. of Abia State, Suit No. FCT/HC/2470/2017, pending before Justice Ogbonnaya.
Techno Consult (Nig) Ltd v. Government of Abia State, Suit No. FCT/HC/CV/1044/2017, pending before Justice Agbara.
Ned Munir Nwoko v. Abia State Government, Suit No. FCT/HC/3877/11, pending before Justice Okeke (filed in 2010).
Justice Aladetoyinbo held that the situation contained elements of fraud, stating: “Where four parties are claiming to have executed same consultancy services to the 1st Defendant and each of them claiming 24% and 30% of the Paris Club respectively, there is element of fraud and a court of law should not be a party to fraud.”
The judge identified those responsible: “The people that perpetrated this fraud are the officials of the 1st Defendant in collusion with some of the Claimants.”
Justice Aladetoyinbo expressed dismay at the conduct of the Abia State Attorney General: “The court remained shocked that the Attorney General of Abia State refused to report this matter to security agencies.”
The court noted the dire implication for the state: “By the time the consultancy fees are paid to all the Claimants, the 1st Defendant will be left with nothing.”
Justice Aladetoyinbo held that some of the contracts were “definitely illegal” as they sought to defraud Abia State, citing the legal maxim “ex turpi causa non oritur actio” (no action can be founded on illegality).
“Where a contract or a transaction appears ex-facie illegal, the court would invoke the old and well known maxim of ex-turpi causa non oritur actio which is founded in good sense and/or public policy. It is to the effect that no court will enforce an illegal contract or allow itself to be made an instrument of enforcing obligations alleged to arise out of a contract or transaction which is illegal,” the court cited from Paflam Ines Ltd v. Pfizer Mas Ltd (1993) 7 NWLR (PT. 306) 697.
Rather than granting the application by Mauritz Walton Nigeria Ltd to be joined as the 4th Defendant, Justice Aladetoyinbo directed that all four suits be consolidated before Justice Okeke’s court, which had the first-filed case dating back to 2010.
“The justice of this case is not to join the Applicant seeking to be joined as 4th Defendant, but for the consolidation of these suits in one court so as to detect which of the parties wanted to defraud the people of Abia State,” the court held.
The judge advised the Attorney General of Abia State to file motions before Justice Ogbonnaya and Justice Agbara seeking consolidation of the three other suits with the suit pending before Justice Okeke.
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