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Breach of Contract: Court Rules in Favour of R&B, Dismisses CMB’s Suit As Frivolous

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By Eric Elezuo

The Lagos State High Court sitting in Ikeja, and presided over by Justice A. O. Ipaye, has given judgment on the matter between R&B Nigeria Limited and CMB Building Maintenance and Investment Limited over breach of contract.

The suit, with number LD/7881GCM/2024, was decided in favour of  R & B Nigeria Limited, the owner of the Pearl Nuga Park Estate, Sangotedo, Lekki, Lagos, in which CMB Building Maintenance & Investment Limited, a property developer in Lagos owned by Mr. Kelechi Mbagwu, was mandated to perform every due diligence to R&B in terms of fulfillment of all agreed contracts rhat were breached as well as payment of all apurtenances.

Describing the landmark judgement, which has dragged for an upward of 14 years, a statement by the management of R&B, and made available to The Boss, noted as follows:

“This dispute typifies the inherent challenge in property development contracts where the developer such as Mr. Kelechi Mbagwu after taking advantage of the land owner’s property, seeks to evade his obligation to transfer an agreed part of the built property back to the landowner.

“The facts of the dispute are basic. On 22 April 2011, R & B Ltd entered into a developers contract with CMB Building, whereby CMB Building agreed to build 92 houses, comprising 38 units of 4-bedroom detached houses and 54 units of 3-bedroom terrace houses on the Pearl Nuga Park Estate, within 36 months from execution of the agreement. The parties also agreed that, CMB Building would deliver 28 housing units to R & B Ltd, comprising 19 units of 3-bedroom terrace and 9 units of 4-bedroom Detached houses, plus 10 plots of vacant land on the Estate.

“Regrettably, after constructing a total of 109 houses in the Estate, CMB Building reneged on the developer’s contract and failed, till date, to deliver a single housing unit to the land owner, R & B Ltd. This prompted R & B Ltd to invoke the arbitration clause in the contract in 2019, to recover its contractual entitlement of 28 housing units plus 10 plots of vacant land at the Estate, plus damages for loss of use of the houses and interest.

“Subsequently, the arbitration tribunal made up of three eminent jurists issued a Final Award dated 17th April 2023 (corrected on May 23, 2023) in favor of R & B Ltd. The arbitral tribunal ordered CMB Building to: (1) deliver vacant possession of 19 units of 3-bedroom terraces, 9 units of 4- bedroom detached houses and 10 plots of vacant land in the Estate to R & B Ltd; (2) pay a sum of money based on accrued charges for real estate, penalty and special damages to R & B Ltd for breach of contract; (3) refund to R & B Ltd the sum of N19,019,047.05 being the unused balance of the sum of N25,000,000.00 received by CMB Building for the construction of a personal residence for the owner of R & B Nig. Ltd (4) to pay the sum of N8,500,000.00 to R&B as cost of the arbitration paid solely by R&B Nig. Ltd; and (5) pay interest at the rate of 10% on the various monies ordered to be paid above.

“Following the publication of the award, CMB Building hastily filed a law suit at the Lagos High Court to set aside the arbitration award (Suit No: LD/7149GCM/2023) based on various accusations of misconduct levelled against the arbitral tribunal, all in a bid to delay execution of the judgment while CMB continues to develop and sell the property illegally as it has been fraudulently doing. In response, R & B Ltd also filed an application (Suit LD/7881GCM/2024) seeking for the enforcement of the arbitration award as if it were a judgment of the High Court of Lagos State.

“In her judgment, Honourable Justice A.O. Ipaye dismissed CMB Building’s law suit as a frivolous venture, and ordered that R & B Ltd’s rights, as granted by the arbitral tribunal, be fully enforced.

“Any past, present of future transactions with CMB Building with respect to this real estate development is at the owners risk.

“R & B Nigeria Ltd remains the bona fide and sole owner of this parcel of land in Lagos State.”

The judgment has therefore, put to rest years of loggerheads between the two contending parties.

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Umahi Apologises to Tinubu, Lagosians, Denies Knowledge of Bridge Closure

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The Minister of Works, Senator Dave Umahi on Thursday, said the closure of Independence Bridge in Lagos for urgent rehabilitation of the collapsed retaining wall was made without his knowledge or authorization.

Umahi said this while apologising to Lagos residents and President Bola Tinubu for the disruption caused by the sudden closure of the bridge on Wednesday.

Umahi who spoke when he toured the bridge in Lagos said: ” Unfortunately, when the bridge was to be closed, I was not informed. It is very unfortunate because for a bridge to be closed, especially in Lagos, as has been the tradition, I should be informed as the minister.

“We should also have studied the implication of it even in an emergency situation. We would have deployed emergency evaluation of the implication of closing the bridge.”

Umahi warned that controllers of works and engineers would face disciplinary action if such an incident would happen again.

“I use the opportunity to warn all controllers and engineers all over the country. Never you close a road or close any bridge without running through the permanent secretary, who will seek for permission from the honourable minister of works,” he said.

The minister acknowledged the efforts of Lagos State Government in managing traffic flow during the closure.

He also took responsibility for the error, saying: “I take responsibility for it, even though I did not order it, but every action by any staff of the ministry of works, I take responsibility for it.”

Umahi said that the closure, which caused significant traffic congestion, was avoidable.

He said: “If we were to do this properly, there would have been a different kind of method deployed and it wouldn’t have necessitated the total closure.”

According to him, even if closure was necessary, it would have been done in a way that it would take three days: Friday, Saturday, Sunday, and necessary remedial work would have been put in place.

“What we are doing now is to restore the bridge temporarily within the next three days. By Sunday, this place will be totally open.”

He added that a permanent solution would be implemented after a two-week assessment.

“Then, after two weeks, we will look at the settlements, and then we will take out three days to put the permanent structure. That is what we are going to do,” he said.

The minister emphasised the competence of the contractor handling the project, Build Well.

“Build Well is a reputable company, and they have been restoring a lot of failures on our bridges in Lagos, some of them 53 years old.

“Some bridges’ spans have been lifted, especially Eko Bridge, Marina Bridge, and even the Lagos-Ibadan Bridge. They are also intervening in all of them,” he added.

The minister also said that the design of the bridge would be varied to address the emergency situation.

He said: ” The design will be varied according to the emergency situation we have on ground, and the contractor is going to cooperate with us.”

He pledged to personally oversee the restoration efforts, saying, “I am not going until the bridge is fully restored by Sunday, we will work day and night to restore it, and then we will evaluate it.”

The bridge was initially closed on April 1 for essential maintenance and rehabilitation works, with the government planning to complete the repairs by May.

NAN

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Communal Clashes: Adeleke Threatens Royal Fathers with Dethronement

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Osun State Governor, Senator Ademola Adeleke, has threatened stern state action against traditional rulers of Ifon, Erin Osun and Ilobu communities if they fail to sustain current peace, and de-escalate the crisis in their communities.

The Governor issued the warning against the backdrop of online reports that some faceless groups across the conflict areas are planning another round of attacks.

“In the midst of sallah celebrations, I got reports of some people planning another round of conflict around Ifon, Ilobu and Erin Osun towns. The security agencies have tightened surveillance to ensure no attacks take place.

“The security agencies are also speeding up the interrogation of key chieftains and actors in the conflict. I will remind top leaders of the towns that the peace undertaking they are signing are not for joke. They will be held accountable. There will be accountability before the law.

“The curfew we relaxed was on humanitarian grounds. As a compassionate government, we know many innocent people are suffering because of the evil agenda of a few elements across the conflict areas. Any attempt to exploit the adjustment of the curfew for renewed violence will be met with full re-imposition of the 24-hour curfew.

“Additionally, I will remove from office, any traditional ruler where violence recurs. This card is on the table. Royal fathers of each town must call their subjects to order. I will wield the big stick. Enough is enough”, the Governor was quoted as saying in the statement.

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Celebrating a Hero of June 12, Humphrey Nwosu

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By Eric Elezuo
In as much as unnecessary controversy ensued in the Senate when some senators led by the Senator representing Abia South, Enyinnaya Abaribe, sponsored a motion to honour and immortalise Professor Humphrey Nwosu, the electoral officer in charge of organising and conducting the June 12, 1993 General Elections; the highly freest and fairest elections in the history of Nigeria, many Nigerians have stood stoutly the defend the late electoral officer’s conduct, concluding that he deserved to be honoured for his meritorious service to nation, especially as the substantive Chairman of the then National Electoral Commission (NEC).
The election held, but was truncated by the former Military President, General Ibrahim Babangida (retd) at the announcement of results stage.
Those, who joined the Abia South Senator to jointly sponsor the motion were Abba Moro (PDP, Benue South), Orji Kalu (APC, Abia North), Austin Akobondu (PDP, Abia), Adamu Aliero (PDP, Kebbi Central) and Victor Umeh, (LP, Anambra Central).Others are Okechukwu Ezea (LP, Enugu North) Osita Ngwu (PDP, Enugu West), Onyekachi Nwebonyi (APC, Ebonyi North) Anthony Ani, Osita Izunaso (APC, Imo West) Patrick Ndubueze (APC, Imo North).

However, as the motion hit the floor of the senate through a point of order, majority of the members fought against it, and finally had their way after a voice vote as supervised by the Deputy Senate President, Jibrin Barau, giving verdict to the ‘nays’.
The Senate threw out prayers contained in the motion as it sought to honour Prof Nwosu by renaming the Independent National Electoral Commission headquarters after him. The rejection was the second time in quick succession, in less than 24 hours.
In the heated debate before the proposal was thrown out, Abaribe, while presenting the proposal, noted that Nwosu stood his ground to conduct the June 12, 1993 elections despite threats from military dictatorship.
“His courageous defense of democratic electoral process during the 1993 presidential elections led to the famous June 12, which ultimately confirmed Alhaji M.K.O Abiola as the winner of the election.“He stood his ground, ensuring that Nigeria’s electoral wishes and aspirations were realised, which culminated in June 12 being marked as the authentic democracy day due to his unwavering stand as an umpire.

“Professor Humphrey Nwosu laid a landmark foundation for the present independent National Electoral Commission today and that Professor Humphrey Mwosu passed away on the 20th of October 2024, aged 83 years old.

“Despite his contributions, Professor Humphrey Mwosu was seemingly neglected until his death, which highlights complaints of unfair treatment of notable public servants,” he added.

In support of the motion, Senator Osita Ngwu that “there was no way he would have announced the results with a gun to his head. That doesn’t change the fact that some of us see him as a hero.”

Senator Austin Akobundu described it as most uncharitable for lawmakers to dismiss Nwosu’s contributions, insisting that he deserved a place in Nigeria’s hall of honour.
On his part, Tony Nwoye representing Anambra North under Labour Party, accused senators of deploying personal, political and ethnic sentiments to judge the motion.“We should not allow our personal sentiments and party affiliation to affect our judgement. I was a presiding officer during the June 12 election. He did his best despite the court order. Despite the threats by the military cabal, he went ahead to announce the election. It is very disappointing that some of us are distorting facts because Nwosu is an Igbo man,” he said.

Among the several senators, who opposed the immortalisation motion, with excuses of Nwosu’s lacking courage to announce final results, were Senator Jimoh Ibrahim from Ondo State, who stated categorically that “nothing should be named after him”, Senator Cyril Fasuyi, who argued that history does not reward efforts, but only results, saying “As long as he did not announce the result, whether under duress or not, I am against naming INEC headquarters after him”, Senator Sunday Karimi, who criticised Nwosu for lacking the courage to speak out; Senator Afolabi Salisu, who said that immortalising him would undermine the memory of MKO Abiola, Senator Adams Oshiomhole and Senator Adeola Olamilekun, who claimed he lost his brother in the aftermath.

But Nigerians have argued in favour of the immortalisation of the former chief electoral officer, admonishing that he did his job very well. Most of them reasoned that if the likes of Babagana Kingibe, the running mate to Abiola, who ditched the struggle to join the government of General Sani Abacha, could be honoured with a GCON honours, the second highest in the land, how much more the proponent of the most viable option to voting, Option A4.

In his accessment, celebrated journalist and Chairman of Ovation Media Group, Chief Dele Momodu, said Nwosu performed his duty to the very best of his abilities, and very well. The well traveled journalist wondered on what pedestal the opposing senators stand to deny him honours.

Also lending his voice to the immortalisation of Prof Nwosu, the Aare Onakakanfo of Yoruba land, Iba Gani Adams, said all honours Abiola is enjoying today is credited to Nwosu’s honesty.

“It is very important that Prof. Humphrey Nwosu should be recognized, the genesis of having a free and fair or the foundation of having a free and fair June 12, 1993 elections was through having a sincere NEC chairman like Humphrey Nwosu.

“Humphrey Nwosu conducted free and fair election that gave Aare MKO Abiola the mandate that the Nigerian government then did not install him as president.

“And the respect and the glory that Aare MKO Abiola is having today is as a result of the honesty displayed by the then NEC chairman and the products that worked with him that made it happen,” he said.

HUMPHREY NWOSU AND JUNE 12 DEBACLE 

Nigeria’s electoral umpire during the period leading to the June 12 debacle, Prof Humphrey Nwosu, appears to be one of the few democracy apostles, who have been neglected, when heroes of June 12 struggle are mentioned. This is no longer a case of ‘either by commission or omission’, but a typical example of by “commission and omission”, going by feelers coming out from members of the upper chamber. Nwosu was a man who had nothing to gain or lose by doing the right thing; and he went ahead to do the right thing.
Professor Humphrey Nwosu, who was born on October 2, 1941, and died on October24, 2024, was chairman of the National Electoral Commission (NEC), as it was then called. He was appointed by President Ibrahim Babangida in 1989, and held the office till 1993, when the election was annulled. He replaced Prof Eme Awa, who was said to have resigned due to a disagreement with Babangida.
Prof Nwosu is remembered for his administrative and organizational prowess, inventing the popular Option A4 system that ensured optimum transparency during the June 12, 1993 Presidential Election between MKO Abiola of the Social Democratic Party (SDP) and Uthman Tofa of the National Republican Convention (NRC). He persevered in announcing of the results even as tension from unknown quarters were rife. He abandoned the results after his life was threatened, according to reports.
Prof Nwosu became a Professor of Political Science at the University of Nigeria, Nsukka, and served in the government of Samson Omeruah, who was governor of old Anambra State. Among his highs in office were assisting traditional rulers to gain staffs of office, receive salaries and settled intra and inter community land disputes. He also served as chairman of a Federal Technical Committee on the application of Civil Service Reforms in the local government service.
Nwosu conducted the June 12, 1993 election which was seen as the freest and fairest election till date in which Chief Moshood Abiola was presumed to have won. Nwosu’s commission introduced the novel Option A4 voting system and the Open ballot system.
Nwosu had released many of the election results when he was ordered to stop further announcement by the military regime.
In 2008, he published a book in which he claimed that Babangida was not to blame for annulling the election. The book was severely criticized for failing to accurately account for what happened, and that could explain the reason behind his sudden oblivion in the political and social circle as well as why he has not been recognised as champion of democracy, and June 12 in particular.
Noting that the story of heroism attached to June 12 is not complete without Prof Nwosu, a pro-Igbo youth group, Coalition of South East Youth Leaders (COSEYL), urged President Bola Tinubu to honour the former NEC chairman. They believe that he played a vital role prior, during and after the elections of 1993.
In a press statement by its President General, Mr. Goodluck Ibem, the group said: “A team that wins a match scored by one of the players was not made possible only by the player who scored the goal. The winning came as a result of the input of other players.
“That a free and fair election was conducted by National Electoral Commission, NEC, on June 12, 1993 was made possible because a man who believed in transparency and integrity was at the helm of affairs of the electoral body at that time.“We must tell ourselves the truth that, if not for the impeccable integrity of Professor Humphrey Nwosu who conducted a free and fair election where Nigerians from all works of life, tribe and religion spoke their minds through the ballot box, there won’t be any Democracy Day to celebrate today,” the group noted.Also, the Conference of Nigeria Political Parties (CNPP) called for the overdue recognition of Prof Nwosu.The CNPP in a statement signed by its Deputy National Publicity Secretary, Comrade James Ezema, highlighted the pivotal role played by Prof. Nwosu in Nigeria’s democratic journey.

The CNPP lamented the continued exclusion of Prof. Nwosu from the list of heroes celebrated on Democracy Day, despite his significant contribution to the nation’s democracy through the introduction of the Option A4 voting system.

“It is time to transcend petty biases and to embrace the spirit of inclusivity that Professor Nwosu’s legacy warrants,” the association of all registered political parties noted.

An online platform, Businessday.ng once captured Prof Nwosu’s contribution as follows:

In the middle of the night of June 10, 1993, an Abuja High Court presided over by Justice Bassey Ikpeme, in breach of the relevant decree, ordered the electoral body to put on hold the presidential election that was some 36 hours away from happening.

The plaintiff in the case was an unregistered body known as the Association for Better Nigeria (ABN) , which consisted of a group of politicians generally believed to have government backing. Nwosu took the risk of his life and found his way in the morning uninvited to a meeting of the MILITARY COUNCIL, ASO VILLA, to explain the grave consequences of Ikpeme’s indiscreet pronouncement. After intimidation and harassment of Prof and other deliberations at the uninvited meeting, it was agreed that NEC could discount Ikpeme’s order and continue with its arrangements and preparations for the elections.

At the end of voting, when it became clear from the majority of the results already collated from the states that the candidate of the then Social Democratic Party (SDP) Bashorun M.K.O. Abiola could not be stopped from winning the contest, the then Chief Judge of Abuja, Justice Dahiru Saleh ordered NEC to halt the process. Again, Nwosu stormed the Aso Villa, but this time, he found that the government had withdrawn their support.

The then Attorney General of the Federation (AGF) Clement Akpamgbo, who gave Nwosu legal backing earlier, did not only ditch him but also ensured that a bench warrant to arrest Nwosu issued by the Chief Judge of Abuja was duly served. From then, Nwosu became labelled as the problem, while his Electoral Commission was formally suspended forthwith. The only other option left to Nwosu was to seek judicial cover from the Court of Appeal, Kaduna Division, headed by Justice Achike. With no one else behind Nwosu except the Commission’s vibrant Director of Legal Services, Bukhari Bello, with Chief Tony Ojukwu SAN, OFR, one time Executive Secretary, National Human Rights Commission. NEC drew attention to an earlier judgment by a higher court in which Oguntade JCA as he then was, established two main points.

The first was that where a court makes an order in a case where it lacked jurisdiction, the order was null and void; and second, that it was unnecessary to go on appeal in such circumstance.

This suggested that Nwosu had no business obeying the erroneous decisions of the lower courts. Interestingly, NEC produced in Court the COMPLETE RESULTS OF THE ELECTION, which he had been stopped from announcing and which confirmed the victory of MKO Abiola. The real problem was that some ambitious military fellows aided by a set of compromised politicians wanted to prolong military rule. At this point, the government, sensing that it might lose the case, decided to annul the election a few hours before the judgment of the Court of Appeal.

Prof Nwosu is an apostle of democracy, and of June 12, 1993 more especially,  and deserves to be honoured and celebrated.

In his tribute at the burial of Prof Nwosu, President Tinubu, though acknowledged that the deceased upheld democratic principles, he was however, silent on any form of honour for the June 12 chief electoral officer. He noted:

“As we mourn the death of Prof Humphrey Nwosu, we are invited to celebrate him for his profound accomplishments and personal fulfilments as a public administrator, political scientist, and academics icon. We are urged to reflect on his democratic ideals and his sense of commitment to a democratic Nigeria. These are the hallmarks of his life and times that will be cherished beyond this generation,” Tinubu said, through his representative, the Minister of Works, Engr. Dave Umahi.

As the south east governors prepare to meet and present their proposition of honoring Nwosu before President Tinubu, Nigerians have said that whatever the situation, Nwosu remains and etched in the hearts and minds of the real heroes of democracy and June 12; the average Nigerians, as democratic force to reckon with, and a man without whose name the story and history of the freest and fairest election in Nigeria cannot be written.

According to Yusuf John Imam, who wrote from Abuja, in an article titled Senate’s failure to immortalize Humphrey Nwosu, disservice to democracy, “if the Senate cannot honour Nwosu, then every state in the Southeast should take it upon themselves to immortalize their son. Build monuments, name streets, and establish scholarships in his name. Push his narrative and celebrate his legacy. The Southeast must rise to the occasion and ensure that their son’s legacy is preserved for generations to come.”

The bottom-line remains that Professor Humphrey Nwosu is a hero of June 12, and deserve to be honoured, immortalised and celebrated.

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