From: Ahmad SAKA, Bauchi
Muhab Engineering Nigeria Limited has alleged moved by the Bauchi State Urban Planning and Development Board BSUDPB
to reduce the numbers of seized the properties through admimistrative instead of going back to the court that ordered him.to seize the properties of the board as part of their effort to recover his debt amounting to N54,235,885,15kobo.as as outstanding principal and interest due to the contractor ordered by justice Mu'azu Abubakar Bauchi State high Court judge.
The company has begun execution of the judgement ,done in their favor, they seized 13 different vehicles and properties of BSUDPB to the premises of Bauchi State High Court for auctioning to enable the company recover their money.
Addressing reporters at the premises of the Bauchi state High Court recently, Managing Director of Muhab Engineering Engineer Labbo A kabiru alleged that, "the BSUDPB has wrote aletter to the Chief registrer of the State High court with reference number BSDB/ADM/SMJSC/25/I Dated 27/12/2023, appeal to the chief registrer to look at the difference between the price of the seized properties and the total liabilities to be settle and allow for the release of some vehicles and the total liabilities to be taken to enable the board to continye with some essential services of the government."
"The amount to be settle according to the debtors is N54,235,885,15K (N54.2mn) the price of the 13 vehicles seized as second hand is N269,500,000,00 (N269.5mn) the price of the new ones is N1,324,023,905,00 (N1.324bn)."
Engineer Kabiru said, "the process their debtors intended to follow in reducing the number of the seized vehicles violated the State High Court order and appeal to the State High Court Judge and all the authorities concern to ensure that they respect the order of the court not to allow personal interest of the debtors to temper with the court judgement, we have even written a letter to the chief judge, because by law the normal thing to do is to go back to court administratively."
He added that, "because when we seized the properties nobody knows their prize, and the proper thing to do is to appoint the valuer who will Value the properties and put their prizes, but alleged that the debtors value the properties themselves, There is no law that gives the judgment Debtor to do self assessment of the attached property and now revert to the Sheriff for help to release part of the property already attached without paying the judgment sum for the simple reason that the judgment Debtor is the Government."
"Even if the properties taken are above the amount the debtors will pay not all of them.will be sold out , they will sale the ones that will recover the money and return the rest to the debtors."
He said, "the debtors indicated interest to go on appeal, which is the normal thing since they want to go on appeal why are they going to reduce the number of the vehicles they should allow the judge to do it not anybody in the interest of law justice and equity."
When contacted the chief registrer of the state High Court Fatima Abubakar Esq said there is a disagreement between the debtors and the contractor on the execution of the court order, the Judge gave order on the actual amount of money the debtors will pay, which is N54.2mn and value of the 13 vehicles seized is N269.5mn as second hand value, while the brand new value is N1.324bn."
She said, "by law if a judge gave order its the responsibilty of the office of the Sheriff Deputy Chief Registrer to execute the judgement, not to go back to the judge again, on this case we have informed the parties ,we have allowed their counsels to meet and agree on their difference so that we will reduce the number of the vehicles, and even the one that will be left will be higher than the actual amount of money that the debtors are expected to pay."
Recalled that the company sue the BSUDPB before the state High Court over their in ability to pay them the 50% retention money for a contract awarded to the company of Doya Outfall Drainage Channel in Bauchi Metropolis since 18th May 2009 the Job was successfully completed and the company was commended by the project coordinator in a letter addressed to the company with reference BS/CBUDP/DP/ICB/P11/07/Lot/1, dated August 25th, 2011.
But unfortunately BSUDPB defaulted in paying the company 50% retention money within 28 days as contained in article 43.1 of the contract agreement, for that our company demanded for the payment of 50% of the the retention money with a prevail8ng interest rate of 28% for commercial borrowing and the contractor can demand to be paid in any currency.
The contractor presented certificates of court dozens of proof of their engagement and agreements papers to support his press briefing told reporters that, "after series of delays from the BSUDPB and persistent reminders the board invited our company to a meeting between 7th and 8th January, 2020 aimed at arriving at amicable solution, we resolved that our company should waved the 50% of the claims and it should be pay within two weeks."
"But nothing happened when our company put more pressure the board forwarded their minutes of meeting to the accountant General of the state on 29th September 2020, and the government carpeted the matter until 12 months later, we continue to remind the defendants, they invited us for a meeting under the State. ministry of Justice but the defendants didnt honour the agreement reached."
He said, "The ministry of Justice informed the Secretary to the state government in a letter with reference MOJ/LAW/S/62/V.II/85: and MOJ/LAW/S/62 dated 11th August,2021 and 22nd November, 2021, in fact we have been pursuing this issue for 12 years, the defendants were reluctant, they didn't fulfill any of their promises, that was why we resulted to legal action and the judgement was done in our favour."
He said as at the time our company became due for payment of its claims its $1.00 was to N350.00 now $1.00 is above N1000, which means if our money that is going to be paid if its in Naira it is almost valueless.
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