ABUJA – The Supreme Court on Friday ordered a businessman, Kris Onyekwuluje and his company, Artex Investment Limited, to refund N85,575,111.60k to the Benue Government, for breach of a supply contract.
Onyekwuluje and his company were awarded a contract for the supply and installation of some transmitters for the state’s radio station over 15 years ago, but breached the contract terms.
Justice Musa Dattijo-Muhammad read the unanimous judgment of the court’s five-man bench, dismissing the appeal filed by Onyekwuluje.
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He also upheld the 2005 decision of the Court of Appeal, Jos Division, which had earlier ordered the appellants to refund the money.
“In the case at hand, the records show that the appellants fully participated in the proceedings of the 3rd respondent (the commission) from the beginning to the end of the sitting. They cannot now complain that they were denied fair hearing.
“In the final analysis, I cannot disturb the concurrent findings of facts by two courts below as they have not been shown to be perverse or not reached as the result of a proper consideration of facts placed before them.
“In the circumstances, the decision of the Court of Appeal is hereby affirmed and the appeal is accordingly dismissed,” he said.
Justices Mary Peter-Odili, Olukayode Ariwoola, Musa Dattijo-Muhammad and Kudirat Kekere-Ekun, who were on the panel that heard the appeal, agreed with the lead judgment.
The News Agency of Nigeria (NAN) recalls that Onyekwuluje and his company were awarded a contract for the supply and installation of some transmitters for the state’s radio station.
The government later set up a Judicial Commission of Inquiry to ascertain the qualities of the materials supplied and the conduct of staff and officers of Artex.
This followed the government’s dissatisfaction with the contract execution which it said had breached the terms of agreement.
The commission was also charged to ascertain “abuse, misuse or misappropriation of money meant for the project and whether there was any improper or fraudulent practice or unjust enrichment by any person’’.
It was also to “apportion blame and recover the monies believed to have been misappropriated, unjustly obtained, or fraudulently administered’’.
After the commission finished its sitting in 1999, government issued a white paper which indicted Atrtex Investment and ordered it to refund N85,575,111.60k.
Dissatisfied with the commission’s decision the appellants challenged it before the Federal High Court, Enugu, in 2000.
The appellants in Suit No: FHC/EN/CP/2000, contended that they were denied fair hearing and that the commission exceeded its jurisdiction.
The court on Jan. 23, 2001, however, dismissed the suit on the ground that the plaintiffs failed to establish that the commission lacked the jurisdiction to inquire into the transaction.
Not satisfied with the court’s decision, the plaintiffs approached the Court of Appeal, Jos Division, which upheld the lower court’s decision.
Still not satisfied with the appellate court’s judgment, the appellants proceeded to the Supreme Court, which finally held that the appellants’ right to fair hearing was not breached and dismissed the suit. (NAN)
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