The $3.1 billion suit on customs modernisation project instituted against the Nigerian government suffered a setback at the Federal High Court, Abuja on Tuesday, as one of the parties disowned the suit.
Two companies, e-Customs HC Project Limited and Bionica Technologies (West Africa) Limited had jointly instituted the legal action against the government claiming $3.1 billion as damages over a disputed customs concession agreement.
When the matter was called, e-Customs HC Project Limited, listed as the first plaintiff in the suit announced its decision to withdraw from the suit.
In the application to withdraw brought by its counsel, Mr Ugochukwu Nnoli, the company alleged that its consent and authorisation was neither sought nor obtained by the second plaintiff, Bionica Technologies (West Africa) limited before filing the suit.
E-Customs HC Project Limited claimed that it had a joint venture company and a Special Purpose Vehicle (SPV) promoted by Bionica Technologies (West Africa) Limited, the second plaintiff in 2019 with equal shareholders standing.
E-Customs argued that the purpose of forming joint venture to bid for a contract for service to the Nigeria Customs Service (NCS) had since failed.
The lawyer said that the company had consequently applied to the Corporate Affairs Commission for a voluntary winding up.
The company, through its counsel, said that using its name as first plaintiff to obtain or seek for further injunctive reliefs against the government was equal to obtaining by false or fraudulent misrepresentation.
Specifically, e-Customs said that it no longer had any grouse against the federal government.
The company held that the crux of its application was not just about which lawyer to represent it but on the much more fundamental question of false and wrongful commencement of the suit in its name as an unwilling litigant.
It further stated that the name e-Customs was genetic and that it had not registered same as a trade mark or trade name and that it did not object to the use of the name by any person.
The company also said it was anxious to escape any criminal liabilities that may result from disclosure of privileged communication protected by the official secret act.
The company’s lawyer also told the court that he had written a letter to the to the other counsel in the matter explaining that his client no longer wanted to be a part of the suit.
“They are no longer interested in being part of the proceedings because they are an unwilling litigant,” Nnoli said.
For his part, Usman told the court that neither he nor his client had received any such correspondent
The judge, Justice Inyang Ekwo said that he couldn’t proceed to hear the matter because there was a clog in the wheel of the case.
Justice Ekwo held that unless the issue of representation was resolved, the case could not proceed.
The judge adjourned the matter until December 6 to enable the two lawyers, Nnoli and Usman to put their house in order.
