…as counsel prays Court not to recognize arbitral awards; property owner joins issues

An Arbitration Tribunal, headed by Miriam Kombo-Ezeh, Esq, has directed Senator Tokunbo Afikuyomi to vacate a property he occupies in Maitama District of Abuja in the Federal Capital Territory.

The Tribunal also directed the former Senator to pay the sum of N11million being profit for the period he occupied the property without taking a new term of lease.

The Senator was further asked to refund all the Arbitration fees he failed or refused to pay at the Tribunal in his unsuccessful attempts and without just cause to frustrate the timely determination of the matter at the Tribunal.

But Afikuyomi, through his counsel, Seun Awoladi, has filed a suit before a Federal Capital Territory (FCT) High Court in Jabi area of Abuja, presided over by Justice Babangida Hassan for non-recognition of the arbitral awards.

The property owner, one Prince Samsom Ataiyero, through his counsel, M.I. Harrison and Christian Moleke, joined issues with Afikuyomi, praying the court for registration and recognition of the arbitral awards.

When the matter came up on Monday, September 23, 2024 for hearing, the court granted the oral application by counsel to Prince Ataiyero to withdraw a motion on notice for consolidation marked M/11059/2024 because it had been spent since their substantive application marked M11024/2024 was now properly before the court.

Afikuyomi’s counsel told the court that they were not objecting to the withdrawal of the motion on notice and that they would not be asking for cost. Justice Hassan in a bench ruling averred that the application was granted and the motion was deemed withdrawn.

Ataiyero’s counsel said that their substantive application was seeking recognition for the purpose of enforcement of the arbitral awards by the FCT Multi-door Courthouse on June 21, 2024, stating that all their prayers were contained on the face of the motion paper.

But Afikuyomi’s counsel interjected, saying the substantive suit was to set aside the arbitral awards and not a motion to enforce. According to him: “We filed our originating motions on July 8, marked CB/3139/24.”

Justice Hassan resolved the issue of first in service in favour of Afikuyomi since Ataiyero’s substantive suit before the court was dated July 9, 2024. Atayeiro’s counsel said: “we do not have any problem with that as long as both suits are before your lordship.”

At this point, Afikuyomi’s counsel asked the court for a short adjournment of two weeks to enable both parties to resolve the matter out of court, otherwise, they would proceed with the matter.

Ataiyero’s counsel urged the court to adopt their processes first and thereafter the other party could do whatever they wanted. But after much plea by Afikuyomi’s counsel and Justice Hassan’s avuncular intervention, urging Ataiyero’s counsel to agree to the out-of-court settlement overture, Ataiyero’s counsel agreed and the matter was adjourned until October 16, 2024.

It would be recalled that Afikuyomi, one-time member of Senate [1999-2007] had leased a three-bedroom duplex with two-bedroom bungalow guests chalet, two boys’ quarters (BQ), serviced with air conditioners and swimming pool, located at No. 33, Lake Chad Crescent, Maitama District from Prince Ataiyero, using the name of his law firm- Liberty Solicitors, for a period of five (5) years, serviceable annually.

The period for the lease was 1st September, 2018 – 31st August, 2023.

Trouble started in the middle of the term of the lease when the Senator started defaulting in his rent obligations and this continued after the expiration of the term of lease.

Our Correspondent learnt that the Lease Agreement contained an Arbitration Clause which encouraged parties to settle any of their disputes by way of arbitration instead of the usual litigation.

It was in keeping to this arbitration clause that Senator Afikuyomi’s landlord applied to the Abuja Multi-Door Courthouse in line with the principle of “pacta sunct servanda (sanctity of agreement must be kept)” for an arbitral proceeding which saw to the delivery of its decision otherwise called “Final Award” on 21st June, 2024.

Miriam Kombo-Ezeh, Esq., the erudite arbitrator had directed that the respondent, Sen. Tokunbo Afikuyomi, should comply with the arbitral awards on or before July 8, 2024.

It was further gathered that Senator Afikuyomi failed, neglected or refused to honour the decision of the Arbitration Tribunal, which by the Tenancy Agreement signed by parties during the life of the lease, ought to bind parties.

Afikuyomi had rather resorted to buying time in his efforts to continue in occupation of a house he didn’t build.

He had rather approached the High Court of the Federal Capital Territory, Abuja, to seek the setting aside of the decision of the Arbitration Tribunal on grounds that he didn’t have notice of the appointment of the Arbitrator and also on grounds of bias.

These grounds had been rebutted in the papers filed by the Landlord’ lawyers who even produced to the Court, evidence of consent form signed by the Senator’s lawyers for the appointment of the Sole Arbitrator.

While the rent on the property expired on August 31, 2023, the court papers indicated that Afikuyomi is still occupying the property without renewing his rent or taking steps to vacate the leased premises, about a year now after his rent expired since 31st August, 2023.

Available information showed that while Senator Tokunbo Afikuyomi had gone to the High Court to set aside the Final Award, his landlord, Prince Ataiyero had filed his own motion before the same Court seeking the Court’s recognition and enforcement of the Award as was witnessed in court on Monday, September 23, 2024

From the Court processes filed both at the Tribunal and the High Court which were sighted by our correspondent, it was obvious that the key contention between parties is delivery of vacant possession of the property since the lease which was for a fixed period had long elapsed.

The Nigerian Electricity Regulatory Commission (NERC) on Monday, September 23, revealed that the 11 electricity Distribution Companies (DisCos) of the Nigerian Electricity Supply Industry (NESI) collected N1.07trillion in 2023.

The energy distributors, said NERC, failed to collect N385.83 billion out of the total N1.46 trillion electricity bills for the year.

This culminated in 73.64% collection efficiency in the year under review, according to the NERC document titled: “2023 Annual Report and Account.”

NERC said: “The total billings to electricity consumers by the DisCos was ₦1,463.24 billion of which only ₦1,077.51 billion was collected, leaving a total outstanding of ₦385.73 billion and corresponding to a collection efficiency of 73.64%.”

On Market Remittances by DisCos, the report said in 2023, a total invoice of ₦858.033billion was issued to all the DisCos for energy received from NBET and for service charges by the MO, out of which a sum of ₦706.73 billion was settled by DisCos, leaving a total deficit of ₦151.30 billion in the market.

NERC said this payment translates to an overall remittance performance of 82.37%.

The report revealed that Eko and Yola DisCos had high remittance performances of 105.76% and 105.14% respectively to NBET in 2023 while Kaduna achieved the lowest remittance performance to NBET (17.59%).

NERC also said the highest remittance performances to the MO were recorded by Yola, Eko and Ikeja at 90.91%, 90.85% and 90.38% respectively while Kaduna recorded the lowest MO remittance performance of 10.75% in 2023.

On Market Remittances by Special and Bilateral Customers, NERC said in 2023, the NESI continued to provide electricity to three international bilateral customers – i) Societe Beninoise d’Energie Electrique; ii) Compagnie Energie Electrique du Togo; iii) Societe Nigerienne d’electricite.

It noted: “Cumulatively, these 3 customers received an invoice of $53.55 million from MO and made a payment of $50.36 million.

“This corresponds to a remittance performance of 94.04%. There were nineteen (19) active domestic bilateral customers in 2023.

“Cumulatively, these customers received a total invoice of ₦10,320.84 million from MO and made a payment of ₦8,766.15million corresponding to a remittance performance of 84.94%.”

Four days after their victory at the Federal High Court, the Martin Amaewhule-led Rivers State House of Assembly convened its plenary session on Monday, expressing significant concern over the looming threat of flooding and its potential impact on residents.

During the session, lawmakers voiced their apprehensions and urged the National Emergency Management Agency (NEMA) and other relevant government bodies to include Rivers in their flood response strategies.

This appeal followed a motion introduced by Deputy Speaker Dumle Maol, who highlighted that the anticipated flood is linked to the Republic of Cameroon’s planned regulated release of water from the Lagdo Dam.

The motion received unanimous support from the assembly, underscoring the importance of informing constituents about the impending flood.

Speaker Amaewhule lauded the motion’s intentions and mandated a joint committee to collaborate with NEMA, NDDC, and other government agencies to prepare for the disaster and provide aid to potential flood victims.

The joint committee, comprising the House Committee on Environment and House Committee on Emergency Relief, was expected to submit its report within a week.

Speaker Amaewhule congratulated assembly members on their recent victory at the Federal High Court and expressed confidence that the law would continue to favour them despite opposition.