Businessman drags Akwa Ibom govt to court over debt
Ubokubom Nyah, a businessman in Akwa Ibom State, has taken the state government to court over alleged non-payment of consultancy fees on a completed project.
The state Attorney General and Commissioner for Justice, as well as Landsea Construction and Engineering Limited, were defendants in suit number HT/2/2023 filed at the State High Court sitting in Ikot Ekpene Local Government Area.
According to court documents obtained by our correspondent in Uyo on Saturday, the plaintiff is suing the defendants for allegedly refusing to pay his consultancy fee, which was underpaid by N10,279,391 for services rendered.
Andem Ndem, the applicant's counsel, asked the court in a motion on notice filed on March 7, 2023, for an order compelling the defendants to pay the applicant the sum of N10,279,391 which they admitted in a letter dated April 27, 2021.
He also asked the court to issue an order compelling the Ist defendant to make the 2nd defendant pay his client the admitted sum.
In an affidavit in support of the motion, the applicant, Ubokutom Nyah, who operates under the business name 'Otto Trinity Studios,' stated that the defendants/respondents admitted to shortchanging him to the tune of N10,279,391 from the bill he submitted after completion of architectural consultancy services he had rendered.
He also stated that the defendants had appointed him as a resident consultant to render architectural consultancy services to the Hotel complex that was then under construction at Ikot Ekpene in March 2014, which he accepted.
"I submitted my bill/invoice in the sum of N1, 025, 838, 385.96 (one billion, twenty-five million, eight hundred and thirty-eight thousand, three hundred and eighty-five naira, ninety-six kobo only) via a letter dated January 18, 2016," he said after successfully completing the service.
"I am aware that, in response to my bill/invoice for payment of professional fees dated January 18, 2016, the 1st Respondent unilaterally introduced the 2nd Respondent into the contract to handle payment of professional fees owed to me for unknown reasons."
"I objected to the forcible incorporation of the 2nd Respondent into my bilateral contract with the 1st Respondent, as well as the resulting financial shortchange."
"I carefully audited all payments made to me by the second defendant/respondent and discovered the following short-payments totaling N42,083,853.37 (forty-two million, eight-three thousand, eight hundred and fifty-three naira, thirty-seven Kobo) only."
"I also state that in my letter dated March 22, 2021, I demanded a refund of the aforementioned short-payments from the Ist Defendant/Respondent." I also know that the Ist Defendant forwarded my protest letter to the 2nd Respondent for response in a letter dated April 1, 2021.
"However, the 2nd Defendant/Respondent responded to the Ist Defendant/Respondent by letter dated April 27, 2021, and admitted that they actually shortchanged me to the tune of Ten million, Two hundred and seventy-nine thousand, three hundred and ninety-one naira, thirty-one kobo (N10,279, 391.31) only."
"That on January 10, 2023, I wrote a letter to Ist Respondent herein demanding that they compel 2nd Respondent, their agent, to pay me the admitted sum, but they refused."
"Unless and until this honorable court orders the Defendants/Respondents to pay me this admitted sum," the applicant stated emphatically.
Meanwhile, Landsea Construction & Engineering Ltd admitted net shortchange to Otto Trinity in a letter dated April 27, 2021, addressed to the Commissioner Ministry of Special Duties & Aviation Akwa Ibom State, via the Permanent Secretary.
A copy of the letter signed by the Project Consultant Manager, Oliver Ebong, and made available to journalists in Uyo reads in part, "I accept responsibility for the sharing mistakes and will willingly effect redress to Otto Trinity."
"There was never any intention to 'defraud' any consultant, especially myself Landsea, who was also taken advantage of."
"In response to your letter regarding Otto Trinity's consultancy fee shortfall, I have checked all payments received since inception, painstakingly computed/shared same, and compared such to the initial sharing with my colleagues, and admit to net shortchanges to Otto Trinity and Landsea, but net overpayments to Dranibs."
"However, Otto Trinity received N10, 279,391.31 less than he claimed for the reasons stated above."
"I reiterate my willingness to make amends as soon as your mediation concludes," the letter stated.
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