A Federal High Court in Abuja has threatened to grant an Asset Management Corporation of Nigeria (AMCON) suit seeking an order freezing the Adamawa State Government’s salary accounts due to the state’s inability to repay a N84 million loan six years after borrowing it.
In a ruling, Justice Inyang Ekwo gave the state government until January 11, 2022, to resolve the dispute with AMCON.
Justice Ekwo stated that he was mindful of granting a plea by the state government’s counsel, Fabaryu Thliza, due to the vast majority of civil servants who may be affected by the order, especially as Christmas approaches.
“This adjournment is at the defendant’s request and is a gracious adjournment to allow them to pay the staff for Christmas.” “This is the final adjournment,” the judge warned.
He then postponed the case until January 11, 2022, for a report of settlement or hearing.
According to the News Agency of Nigeria (NAN), AMCON sued the governor of Adamawa and the Attorney-General (AG) as the first and second defendants in a writ of summons marked: FHC/ABJ/CS/387/2021 dated and filed on June 24.
The Commissioner of Health, the Permanent Secretary of the Ministry of Health, and the Ministry of Health are also named as defendants in the suit, as are the third and fifth defendants.
AMCON, through his lawyer, Paul Okache, claimed that the 5th defendant (the Ministry of Health) approached Union Bank Plc for an overdraft facility in July 2015, when it was in desperate need of funds.
He stated that the Union Bank eventually raised the overdraft facility after several appeals.
He testified in court that despite several bank demands, the facility and accrued interest remained unpaid.
Respondents then hired Abbas El-Yakub & Co. to, among other things, demand payment for the facility.
According to NAN, on June 24, Justice Ekwo granted AMCON’s ex-parte application for an interlocutory order freezing the respondents’/debtors’ accounts in at least 17 commercial banks.
However, the state government filed a preliminary objection challenging the court’s jurisdiction to hear the case, claiming that such a case should be filed in the state where the cause of action occurred.
The judge had given them time to resolve the matter before adjourning it.
At the resumption of the proceedings, Okache informed the court that the settlement option had failed due to the defendants’ lack of seriousness.
Thliza, the state government’s lawyer, explained that the settlement process was ongoing and that her client had formed a five-man committee.
“We couldn’t call the claimant because we haven’t finalized the terms of settlement,” she explained.
The judge then inquired as to the date of the most recent sitting.
“It was October 6, my lord,” she explained.
“Do you think it’s a joke?” “Tell me why I should not accept the plaintiff’s application,” Ekwo said.
Thliza, on the other hand, begged the court to give her client more time to negotiate settlement terms.
“I give you this Christmas so that the salaries of the employees can be paid.” “I grant you until January 11th, 2022,” the judge said.