From Godwin Tsa, Abuja

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The Nigerian Prisons Service (NPS) is now sweating it out in court on how to cough out N27.3 million debts incurred for the supply of 1, 200 bags of rice to its Edo State Command’s Cooperative Society.
Justice O. A, at the Federal Capital Territory (FCT) High Court, Jabi district, delivered judgment on December 7, 2016, ordering the NPS and it’s comptroller-general to pay N12.6m to the Rock Consumer Credit Limited for the 1,200 bags of rice it supplied the Edo State Command’s Cooperative branch, which the NPS has refused to pay, despite repeated demands.
The court further ordered that the service pay a monthly interest charge of 10 percent of the N12.6m per annum with effect from February 1, 2016 until the date of judgment as per the contract agreement.
The Prison Service dug the legal grave by itself, when it failed to defend a suit filed against it by the Rock Consumer Limited over the contract. Now, the fate of the organisation lies in the hands of the same court, which it has approached, to stay the execution of the judgment.
Justice Musa has fixed October 12, 2017 to make a decision on whether or not to grant the stay of the execution of his judgment, wherein the NPS was ordered to pay N27.3 million to the Rock Consumer Credit Limited.
After appealing against the said judgment, the NPS has brought the application for the stay of execution of the judgment pending the determination and hearing of the appeal. Counsel to the Nigerian Prisons and it’s Comptroller-General, Godwin Okosu, who moved the application, urged the court to grant the application since an appeal has been entered at the court of appeal against the judgment.
But, in opposing the motion for stay of execution, counsel to the company, Salako Adeolu, urged the court to refuse the application, as the applicant has not met the condition precedent for the granting of stay of execution.
Adeolu argued that before a party could be asked for a stay of execution, there were special and exceptional circumstances that would warrant the court’s discretion, which must be exercised judicially and judiciously.
He told the court that after a careful study of the applicant’s affidavit, “there is no special and exceptional or special circumstances placed before the court to enable it exercise it’s discretion in favour of the applicant.”
He, however, submitted that in case the court was mindful of granting of the application, it should direct the applicant to deposit the said money (judgment sum), in the name of the Chief Registrar of the court, into an interest yielding account within seven days.
After listening to the submissions of both counsels, Justice Musa adjourned to October 12, for judgment. In October 2015, the Rock Consumer Credit Limited was awarded a contract to supply 1,200 bags of rice to men the Nigerian Prisons Service, Edo State Command.
The said contract was awarded under the terms and conditions stipulated in the award letter dated October 10, 2015, which was for the sum of N12.6m.