Court to hear N3.9m debt suit against CNS Ibas, Navy, December 5

By Ihesiulo Grace

12 November 2018

News

Wuse District Court has fixed December 5, for the hearing of a suit filed by Niger Corporate Symbols and Flags against the Chief of the Naval Staff, Vice Admiral Ibok Ekwe Ibas and Nigerian Navy over N3.9 million debt owed the firm for an installation job.

However, the Chief of the Naval Staff, Vice Admiral Ibok Ekwe Ibas has told the Wuse District Court that the contract awarded to Niger Corporate Symbols and Flags for supply of Nautical Flag Poles / Mast Indoor Flag Stands and Special Flags under Contract Ref: NHQ 020 / 343 / LOG / VOL.V1/704 has been executed and fully paid.

This is contained in a statement of defence filed by the defendants counsel Akpama Ekwe in response to the suit over the none payment of a mere N3,930,000.00 million the Nigerian Navy owed Niger Corporate Symbols and Flags since 2015.

Vice Admiral Ibas and the Nigerian Navy also said in the defence statement that their failure to reply to the company letters was because they do not owe it.

They further denied the claim that certain items under the contract required installation by experts but admitted that the company installed 3 sets of ISS Fiber- Glass Nautical Mast poles at Nigerian Navy Headquarters Abuja, Navy House, Niger Barracks Abuja and Navy House, Ikoyi Lagos. This has been the bone of contention by the plaintiff.

Nigerian Navy claimed that as an a corporate entity ” cannot enter into an oral contract” contrary to claimant position that upon the supply of the items the then Chief of the Naval Staff, Vice Admiral Dele Ezeoba orally asked the chief executive of the company Mr. Chris Agiri to install the mast poles.

They averred that since there was no record of the contract the defendants cannot pay based on the plaintiff’s letter of demand.

Niger Corporate Symbols and Flags had last month dragged the Chief of the Naval Staff ,Vice Admiral Ibok Ekwe Ibas and Nigerian Navy before the court over the inability of the Nigerian Navy authorities to pay a mere N3,930,000.00 million owed the firm for services it rendered .

When the matter came up before Magistrate Elizabeth Wonni at the Wuse District Court Abuja the plaintiff lawyer, Cyril Opara told the Court that he had been served with the defendants statement of defence.

He said that the statement of defence did not deny the existence of a contract between the defendants and plaintiff; therefore the counsel should be allowed to address the court on the narrow issues left unresolved.

Defendants’ lawyer, Ekwe in the statement of defence had asked the plaintiff lawyer Opara to supply him with certain document which he had pleaded.

Magistrates Wonni adjourned the matter to December 5, 2018 for hearing.

In the document filed in Court which formed the particulars of Plaintiff claim, the Chief Executive Officer of Niger Corporate Symbols & Flags, Chris Agiri stated that some time in 2014 the Nigerian Navy awarded it a contract for the supply of Nautical Flag Poles / Mast Indoor Flag Stands and Special Flags under Contract Ref: NHQ 020 / 343 / LOG / VOL.V1/704.

After the items were supplied by the firm to the Nigerian Navy, the defendants realised that the 3 sets of ISS Fiber- Glass Nautical Mast would need to be installed by expert and they asked the firm carry out the installations.

Based on the oral instruction of former CNS Vice Admiral Dele Ezeoba the firm executed the installations of the 3 sets of ISS Fiber- Glass Nautical Mast poles at Nigerian Navy Headquarters Abuja, Navy House, Niger Barracks Abuja and Navy House, Ikoyi Lagos.

According to the plaintiff after the installations were completed under the direct supervision of their Desk Officer / Administrative Officer, the firm demanded for payment. The firm also wrote series of letters and reminders demanding for payment to no avail.

That despite meeting held with officials from the Defendants Logistic and Budget Departments and verification carried out by the defendants the firm has not receive the payment since 2015.

The firm had therefore asked the District Court for an order directing the defendants to pay it the sum of N3,930,000.00 being the contract sum and ten percent interest on the sum as well as N300,000.00 cost for litigation.