From Godwin Tsa, Abuja
Chief Judge of the Federal High Court, John Tsoho, has saved the country from paying $47million to some private individuals and organisations by the setting aside of a consent judgment entered in the suit filed by the Panic Alert Security Systems Ltd and Trustees of the Nigeria Governor’s Forum (NGF).
The money was for payment to some individuals and organisations for the roles they played in the Paris Club refund received by the Federal Government. Panic Alert Security Systems Limited had relied on the consent judgment to lay claim to professional fees of $47. 821, 920.
Before the judgment delivered by the Chief Judge, the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) had equally relied on the judgment and had recommend that the money be paid to the company. However, dissatisfied with the recommendation of the AGF on the basis of the consent judgment, the 36 state governors through its forum, the Nigeria Governor’s Forum (NGF), instructed its counsel, Mr. Paul Ogbole to challenge the consent judgment upon which the AGF relied on in court.
In his ruling delivered on Tuesday, Justice Tsoho held that the said consent judgment in its entirety was entered without jurisdiction.
The court agreed with counsel to the 36 State Governors, Ogbole that the reliefs claimed by Panic Alert Systems Ltd. against NGF in Suit No: FHC/ABJ/CS/123/2018, were premised on a simple contract which by Section 251 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) strips the Court ab initio of the required jurisdiction to entertain such matters.
Accordingly, the court set aside the consent judgment in Suit No: FHC/ABJ/CS/123/2018.
The implication of the judgment is that all approvals by the AGF, the President, Minister of Finance, Accountant-General of the Federation, Debt-Management Office arising from, related to or concerning Panic Alert’s claims have collapsed.