Appeal Court quashes N30b judgment against Ebonyi govt

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The Port Harcourt Division of the Appeal Court has upturned a Federal High Court judgment, which had awarded over N30billion against Ebonyi State Government and a garnishee order. The appellate court, in a unanimous judgment, set aside the lower court’s judgment for lack of jurisdiction and proceeded to strike same out. The Federal High Court, presided over by Justice Stephen Daylop Pam, had on July 15, 2022 delivered judgment against Ebonyi State Government in a suit brought to it by Andrew Bishopton Ltd and two other claimants over a failed/discontinued contract for the recovery of excess deductions from Paris Club loan. The claimants had approached the lower court to claim, among other things, N30billion and other ancillary claims against the state government as irreparable damages for failure to pay 25 per cent commission on the failed contract, which the Federal High Court granted. The Appeal Court upturned the judgement for lack of jurisdiction of the court, as well as its…

The Port Harcourt Division of the Appeal Court has upturned a Federal High Court judgment, which had awarded over N30billion against Ebonyi State Government and a garnishee order.

The claimants had approached the lower court to claim, among other things, N30billion and other ancillary claims against the state government as irreparable damages for failure to pay 25 per cent commission on the failed contract, which the Federal High Court granted. The state government challenged the judgment of the lower court on the grounds of improper determination of the jurisdiction of the trial court, the facts of the case and circumstances surrounding the suit.

Etiaba also submitted that the evidence before the trial court showed that the 1st respondent never recovered any money for the appellants as shown in the available exhibits.

 

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