By Akanimo Sampson
Construction firm, Obi Achara Nigeria Limited, is currently locked in a bitter legal tussle with the management of University of Calabar Teaching Hospital (UCTH), over a COVID-19 Isolation Centre.
An out-of-court-settlement approach for the N68 million owed the construction firm by the management of the teaching did not seem to have paid off.
In a Suit No HC/316/2020, the contractor, Obi James Achara, is claiming that the teaching hospital and and its Chief Medical Director are owing him jointly and severally the sum of N100 million as general damages, N56, 298, 912.72 being outstanding sum owed the claimants by the defendants as agreed by both parties and N3, 430, 302,.225k being payment for of 5% retention fee.
In a Writ of Summons /Statement of Claim, the claimant states that on November 15, 20116 UCTH awarded the company a contract for the construction of a Centre for Emerging Pathogens Research and Management (which now serves as COVID-19 Isolation Centre in the hospital) at the cost of N68,606,044.50 million only.
He is stressing that despite issuing an Interim Payment Certificate for the sum of N20,021,710,20, dated August 6,2017 the defendants only paid N7.00 million only as at the time of going to court.
“At the outbreak of the COVID-19 pandemic, the claimant revealed that the defendants requested the claimant to hand over the centre and this was done because of the strategic importance of the centre in the war against the pandemic.
“The claimant states that the conduct of the defendants who have now put the centre into full use without making payments to the claimants is mischievous, totally unjust and unacceptable. This conduct of the defendants have caused the claimant untold hardship, suffering and loss of goodwill, integrity and irreparable hardship.”
Obi had two weeks ago approached the court and prayed that the matter be returned to court for hearing following breakdown of agreement that the matter be amicably resolved by parties involved out of court.
However, the presiding judge, Justice Angela Obi, gave a nod for the matter to be returned to court for hearing and ordered the defendants be put on notice.
“They were yet to file an appeal in this court because they were moved for out of court settlement”. The judge stressed.
However, on commencement of pre-trial of the case on Tuesday, March 9, 2021, the court admitted 17 exhibits against the management of UCTH.
Addressing the court on the matter, the counsel to the claimant, Mba Ukweni, SAN, urged the court to proceed with the pre-trial because the defendants have not shown seriousness about settlement and the litigants cannot be coming to court just to take dates.
He said the claimants have tendered their documents and in accordance with the doctrine of fair hearing the management of the hospital has been given another chance to come and defend themselves.
“It means they were not prepared to defend the case, they had requested for settlement of the matter and the court indulged them a number of times.
“The settlement failed which was accordingly reported to the court so for them we should proceed to the business of the day”, the SAN said.
Arguing, UCTH’s Principal Legal Officer, Umoh Edem Efa, told the court that he is aware of the proposed settlement which failed, and need to go and peruse the file which had just been handed over to him.
After listening to both counsels, the presiding judge, Hon Justice Angela Obi, however proceeded with the pre-trial.
She admitted 17 exhibits against the institution before adjourning the case to March 24, 2021.for continuation of the pre-trial.
Speaking to journalists shortly after the adjournment, Achara said he decided to approach the court because of lack of commitment by management of UCTH to defray the N68m debt, even when he told management that he had involved himself in loans to enable him complete the contract.
According to him, the management of UCTH never bothered to offset the debt so that he too can have peace with his creditors whom he borrowed many to execute the job.
Achara stated that to his greatest chagrin, the matter had been treated with kids gloves stressing that he was left with no other option than to approach the court for assistance.
He said that knowing that doing it out of court knowing too well that the wheel of Justice was slow to grind, he opted for out of court settlement, unknown to him that that option won’t yield any fruit and he decided to take the matter back to court to seek redress so as to get the money.
