From Victor Nwegede, Abakaliki
Governor David Umahi's administration on Tuesday in Abakaliki urged the general public to discountenance the claims by Andrew Bishopton Nig. Limited and its partners, Mauritz Walton Nigeria Ltclaimng that they had got a court order to garnish the accounts of the Ebonyi state government.
It was gathered that the Port Harcourt Division of the Federal High Court has ordered the Central Bank of Nigeria to commence the deduction of over a billion from the Federation Allocation Account, for the Ebonyi State Government and remittance of the same to a consulting firm.
In its Order Absolute, the Court equally ruled that the Ebonyi State government should pay the firm, ANDREW BISHOPTON NIG LIMITED and its partners, Mauritz Walton Nig Limited, the sum of N118,787,380.00) and other sums for failing to keep to the terms of the contract agreement, it entered with the latter.
The court also ordered the Central bank of Nigeria to withdraw the sum of US29,854,856.9 and another N30,100,000,000.00 from the state's accounts and remittance of same to the company.
But Governor Umahi-led government through the Commissioner for Information and State Orientation, Barr Uchenna Orji has faulted the court judgement describing the firms as the shenanigans of fraudsters shopping over a clearly and notoriously baseless allegation of performing consultancy services for the government of Ebonyi State.
The Information Commissioner noted that the attention of the Ebonyi State government has been drawn to a trending publication credited to one firm known as and called Andrew Bishopton Nig. Limited and its partners, Mauritz Walton Nig Ltclaimng that they got an order from the Court to garnish the accounts of the Ebonyi State government.
He enjoined the general public to discard the claims by the firms alleging that they were"vaulting ambitions of greedy people who are on fruitless enterprise and wild-goose chase looking undeservedly for funds meant for the development of Ebonyi State."
He revealed that "the State government had in different communications extracted confessions from the representatives of Andrew Bishopton Nig Limited to the effect that the said company and its partners acted in bad faith and had no contractual basis to make claims against the State government and or the local government councils in the State in respect of any transaction executed or services rendered whatsoever for or on behalf of the State government and or local government councils"
According to him, "In the affidavit of facts deposed voluntarily by the representatives of Andrew Bishopton Nig Limited on the 2nd day of August 2022, they distanced themselves from Suit No FHC/CS/35/2022 between Andrew Bishopton Nig Limited & Anor and the government of Ebonyi State & Ors and the judgment thereof delivered on 15/7/2022."
Orji noted that the firms further stated that the persons who instituted this Suit do not have the consent of Andrew Bishopton Nig Limited to institute the case, saying the Directors of the company never passed any Resolution authorizing the commencement of the Suit.
The Commissioner insisted that the Ebonyi state government does not owe Andrew Bishopton Nig Limited any sum, saying "the Suit was brought in bad faith as the State government and or local government councils are not indebted to Andrew Bishopton Nig Limited in any sum."
He said, "the local government councils of the state which had just little business with the said Andrew Bishopton Nig Limited have already gone to a Court of competent Jurisdiction and secured a valid and subsisting Order restraining the said Companies and other relevant parties from further making such outrageous claims of unfounded contract and or meddling in the free flow of their allocations."
He disclosed that "the State government which was falsely and ridiculously sued by the scandalous companies has secured a valid Order setting aside the Order and Order absolute for lacking in merit and the appeal is now being heard on merit at the Court of Appeal."
He recalled that "through a Court Order dated 7th July, 202, the High court restrained the said companies, their privies and other necessary banks from accepting for, permitting or allowing the execution of any judgment either by garnishee or any writ of execution whatsoever, against the respective local government areas or any of their departments, agencies and assigns or the government of Ebonyi State without due compliance with Section 3 of Ebonyi State Sheriffs and Civil process (Amendment) Law No.005 2018 and Section 84 of the Sheriffs and Civil Process Act, Laws of the Federation of Nigeria 2004 by first obtaining the consent of the Honourable Attorney General of Ebonyi State pending the hearing and determination of the substantive suit already filed in the Court."
But it was gathered the Ebonyi State government contracted ANDREW BISHOPTON NIG LIMITED in 2016 to pursue and recover monies illegally deducted from both its foreign and local loans and facilities, especially the Paris club refund.
The firm, it was also gathered, approached the Court following the state government's alleged reluctance to keep to the agreed contract terms, a development that led to the illegal arrest and detention of senior staff of the consultancy organisation, Mrs Jackie Ikeotuonye, by the former.
The Court, presided over by Justice S. Dalyop Pam, in its Order Absolute, ruled that one of the Applicants or Judgment Creditors, ANDREW BISHOPTON NIG LIMITED, was treated unfairly by the Government.
A copy of the Ruling, dated November 2, 2022, which was obtained by our Correspondent, on Monday, read, "Upon these Garnishee Proceedings dated and filed on the 18th of July, 2022, and coming up for Ruling today, the 2nd day of November, 2022. Whereas all the parties are absent.
"M.N. Mohammed, SAN with K. Nkwocha, Esq. and R. Asher, Esq. of Counsel for the Judgment Creditors. P.N. Zephaniah, Esq. of Counsel for the 1st Garnishee Respondent. And the Honourable Court has delivered its Ruling in the open court today, the 2nd day of November 2022. It is hereby ordered as follows:
"An Order Absolute of this Honourable Court is hereby made DIRECTING the 2nd Garnishee (United Bank for Africa Plc) to, within 24 hours, pay the sum of One Hundred and Eighteen Million, Seven and Eighty-Seven Thousand, Three Hundred and Eighty Naira) (N118,787,380.00) Only, attached from the account maintained by the Judgment Debtor, Government of Ebonyi State known as Ebonyi State Government Treasury Single Account with Account No: 1001158077 maintained with the 2nd Garnishee Bank, United Bank for Africa Plc into the designated Account Name: Mauritz Walton Nig Limited, Bank Name: Wema Bank Plc, Account No: 0122765584, to liquidate the judgment in this suit.
"An Order Absolute of this Honourable Court is hereby made DIRECTING the 1st Garnishee Bank (the Central Bank of Nigeria) to deduct at source, the sum of US29,854,856.9 (Twenty Nine Million, Eight Hundred and Fifty-Four Thousand, Eight Hundred and Fifty-Six Dollars, Nine Cents) Only and the sum of N30,100,000,000.00 (Thirty Billion, One Hundred Million Naira) Only, respectively from the monthly Federation Allocation Account of the Judgment Debtor, Ebonyi State Government and credit same into the designated Account of the 2nd Judgment Creditor, Mauritz Walton Nig Limited, Bank Name: Wema Bank, Bank Account: 0122765584, to liquidate the judgment sum in this suit.
"Issued at Port Harcourt, under the seal of the Court and the Hand of the Presiding Judge, this 2nd day of November 2022."
However, Orji said the state government has viewed "the claims of Andrew Bishopton Nig Limited as absolutely irresponsible as they had in an affidavit dated 2nd August 2022 confessed that the State Government had released the sum of N50,000,000 (Fifty Million Naira) to Andrew Bishopton Nig Limited as one and final payment/settlement of any perceived professional fee in the course of their earlier but duly terminated consultancy services."
H added: "We view the claims of Mauritz Walton Nig Ltd as responsibly fraudulent as the company has no material relationship whatsoever with the State Government and or Local Government Councils of the State.
"This statement of fact was confirmed by Andrew Bishopton Limited in the affidavit sworn by its representative before the High Court registry dated 2nd August 2022 wherein the representative of the company stated that Mauritz Walton Nig Ltd is unknown to the transaction, the subject matter of the Suit and that the judgment in the Suit was obtained by misrepresentation and without the consent of Andrew Bishopton Nig Limited and thus is bound to be set aside.
"The Court of competent jurisdiction further reprimanded the said Mauritz Walton Nig Ltd and awarded damages against the company for attempting to obtain judgment by fraudulent means.
"Therefore, we urge members of the public to ignore the antics of the habitually infamous companies viz: Andrew Bishopton Nig Limited and Mauritz Walton Nig Ltd. We are confident that they will irredeemably hit the rocks as their mission is unreasonably evil."
