KAYMU

Thursday, 21 April 2016

Court assumes jurisdiction on FG-Bi-Courtney case

The Federal High Court in Lagos on Thursday ruled that it has the jurisdiction to entertain a suit filed by Bi-Courtney Limited against the Federal Government over dispute on a concession agreement between them.

Justice Ibrahim Buba held that the application challenging the court’s jurisdiction lacks merit.

According to him, the application did not show how the reliefs sought by the plaintiff are outside the court’s jurisdiction.

Bi-Courtney is claiming N66billion as damages arising from an alleged breach of a concession agreement for the redevelopment of the domestic terminal of the Murtala Mohammed Airport II, Ikeja.

Attorney-General of the Federation (AGF), Asset Management Corporation of Nigeria (AMCON) and the Federal Airport Authority of Nigeria (FAAN) are the defendants.

The plaintiff said the federal government owes it N132billion, adding that it was not indebted to AMCON which had sought to take over its assets over an alleged debt.

Among Bi-Courtney’s prayers is an order of injunction restraining AMCON or its agents from taking any steps to recover the alleged debt or interfere in its management of MMA II, until the AGF fulfills its obligation under the concession agreement.

The AGF, through his lawyer, Prof. Fabian Ajogwu (SAN), had argued that the court lacks the jurisdiction to entertain suit on the ground that the reliefs sought by the plaintiff had been decided upon by Justice G. Olotu of an Abuja Division of the Federal High Court.

He said the suit constituted an abuse of court process and should be dismissed.

But, Bi-Courtney, through its lawyer, Chief Wole Akoni (SAN), said the claims had not been decided by any other court. He urged the court to dismiss the application.

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