Professor of law and Senior Advocate of Nigeria, Yemi Akinseye-George (SAN) has sued for N115million from Nacenn Nigeria for services rendered in recovering a debt from Federal Government.
Prof. Akinseye-George, in his suit, is demanding N115million from Nacenn Nigeria for services rendered in recovering the debt.
The SAN said he was engaged due to his expertise as a professor of law and experience in mediating between the government and the private sector, having also worked as a special assistant to three different Attorneys-General of the Federation.
The SAN said the late Chief Ezulike asked him to do all within his powers to recover three judgment-debts worth about N2bilion and was engaged via a February 28, 2018 letter.
He also alleged that he briefed his client about the developments at the expiration of the time given him, as he stated that he was asked “to continue to carry out the assignment,” with the assurance that the promised 10 per cent would be paid on the recovery of the debt.
The SAN said he succeeded in recovering the funds, adding that the late Ezulike’s son, Afam, called to reassure him that the company would honour the father’s commitment to him when Chief Ezulike died.
The claimant said due to his “persistent follow-ups” and Ministry of Finance paid N500million to the company in November 2019.
The company, in turn, paid him the agreed 10 per cent.
The SAN said following numerous visits to the ministry and several letters, the ministry decided to pay the balance in three equal instalments of N416,666,666.6, with the first instalment paid in May 2020.
According to Akinseye-George, to his “utter surprise and dismay,” the company refused to pay him the agreed 10 per cent fee.
Instead, he was paid “a paltry sum of N10.4million being 2.5 per cent of the amount paid the defendant by the Federal Government.”
He said Ministry of Finance, on June 15 2020, paid the second instalment to the company.
The SAN said the company owes him N31,666,666.6 less N10.4million for the first instalment; N41,666,666.67 for the second instalment payment and the same sum for the third instalment payment, which he said was due to be paid in July 2020.
Prof Akinseye-George denied the allegation of fraud or misrepresentation.
He stated that the N50million he was paid was deployed to honour the commitments made by the late Chief Ezulike to those who facilitated the recovery of the judgment-debt.
“These commitments were known to the General Manager, Mr Ifeanyi Okwusa and Mr Maduka Anigbogu.
“The N50million was deployed fully for the purpose it was brought, through Mr Ifeanyi Okwuosa.
“I never misrepresented any fact or facts to anybody, including Afam Ezulike, in respect of anything done in the course of the recovery of the entire debt,” he said.
On February 18 and 25, the trial will continue in the case filed by the senior advocate against Nacenn Nigeria.
The plaintiff/claimant is demanding N115 million from Nacenn for services he rendered to enable the company to recover a debt from the Federal Government.
He claimed that he was underpaid by the company as against the agreement entered into between both parties and is praying the court to help recover part of the money and other losses.
Meanwhile, Nacenn, in its counterclaim alleged that the plaintiff/respondent misrepresented some facts during the hearing of the initial suit against the Federal Government.
The company said that such misrepresentation of facts by the SAN when the initial suit against the Federal government was on, made the company to incur some losses.
Nacenn said that it incurred a financial loss to the tune of N50 million, including the accrued interest on the sum paid to the plaintiff/claimant in November 2019.
The company was also demanding the sum of N50 million with accrued interest as the prevailing bank rate from November 28, 2019, till the time of financial liquidation of the claimed sum by the plaintiff/claimant.
Nacenn was also asking for the cost of action on a full indemnity basis including but not limited to the first defendant cost (the Federal Government
) in the initial suit of engaging the counsel to represent it.
It also prayed the court to level on the plaintiff/claimant its out-of-pocket expenses in the course of this suit.
However, an FCT High Court
sitting in Maitama has adjourned till February 18 and February 25, for the continuation of trial in the suit brought against a company, Nacenn Nigeria Limited, over alleged inability to pay the debt.
The suit is before Justice O. A Adeniji and was filed against the company by a Senior Advocate of Nigeria (SAN), Prof. Yemi Akinseye-George, the plaintiff/claimant.