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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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ADC: Momodu Questions INEC’s Neutrality, Warns Against Selective Justice

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A chieftain of the African Democratic Congress (ADC), Basorun Dele Momodu, has raised fresh concerns over the neutrality of the Independent National Electoral Commission (INEC), warning that its handling of internal party disputes could undermine public confidence in Nigeria’s democracy.

He made the remarks on Thursday, during an exclusive interview on Frontline, a current affairs programme on Eagle 102.5 FM, Ilese-Ijebu, Ogun State.

The discussion centred on the recently concluded ADC convention and INEC’s position on factional leadership within the party. Momodu argued that electoral institutions must be careful not to be seen as politically biased.

The Media mogul maintained that the ADC’s decision to proceed with its convention was not an act of defiance but of constitutional and organisational survival.

According to him, political parties have the right to manage their internal affairs without undue interference.

He stressed that INEC’s primary responsibility is to act as an impartial referee in elections rather than become involved in internal party conflicts. He warned that any perception of bias could weaken trust in democratic institutions.

“Well, it is not really the business of INEC to intervene and interfere in the affairs of a party. Their role is to be the unbiased umpire, conduct elections and make sure that the elections are fair and square.

“But this INEC, this particular INEC, has started very early to show signs that we may not be able to trust them”

Momodu expressed concern that opposition parties are often subjected to faster and stricter scrutiny compared to ruling parties.

He suggested that this perceived imbalance could deepen political tension in the country. He also cautioned that democratic institutions must not only act fairly but must also be seen to act fairly. For him, perception is as important as legality in sustaining public confidence.

“Because of the hurry with which they deal a blow to opposition parties, I don’t see them doing that to APC. The speed at which they aligned quickly with the weaker faction of, you know, PDP was clear to me that we will be heading for the rocks again, as we have done in the past.

“I remember Amupitan when he was appointed; he pledged to be one of the best. But from what I’m seeing, his name is already being rubbished in the mud, which is unfortunate for a man at that commanding height of his life.

Culled from Daily Telegraph

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Man Rescued Amid Attempt to Jump into Lagos Lagoon

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A man whose identity had not been established at the time of filing this report was rescued after reportedly attempting to jump into the Lagos Lagoon from a bridge.

Eyewitnesses said the individual parked his vehicle on the bridge before entering the water, prompting alarm among passersby.

The situation was, however, swiftly brought under control as local fishermen in the area intervened and pulled him out of the lagoon, preventing what could have resulted in a fatal outcome.

A video capturing the rescue surfaced on social media on Wednesday, shared by Isaac Fayose, who expressed concern over the incident and called on Nigerians to pay closer attention to the well-being of those around them.

“Please, check on your family and friends. This just happened today. Who knows what went wrong,” he wrote.

As of the time of this report, the circumstances leading to the incident remain unclear, while authorities have yet to provide an official account.

The Lagos State Police Command had also not issued any confirmation of the incident.

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Dele Momodu Proposes Atiku/Obi Ticket As ‘Best Bet’ to Unseat Tinubu in 2027

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Veteran journalist and chieftain of the African Democratic Congress (ADC), Chief Dele Momodu, has declared that a joint presidential ticket between Atiku Abubakar and Peter Obi represents the strongest strategy for the opposition to defeat the ruling All Progressives Congress in the 2027 general elections.

Speaking on Politics Today on Channels Television, Momodu said the emerging ADC coalition is gaining momentum as a credible alternative to President Bola Tinubu’s administration, which he accused of promoting “one-man rule” and weakening democratic institutions.

Momodu argued that an Atiku–Obi ticket offers both experience and electoral appeal, noting that both politicians already command significant national followings from previous elections. He recalled their collaboration in 2019, adding that Obi’s performance in the 2023 presidential election provides a ready base of supporters that can be consolidated.

According to him, the coalition is further strengthened by the involvement of political heavyweights such as Rabiu Kwankwaso and Rotimi Amaechi, making it a formidable opposition alliance.

“The candidates who placed second, third, and even fourth are aligning. That naturally builds a strong challenge,” Momodu said, suggesting that this development could unsettle the APC ahead of 2027.

He also accused the Tinubu administration of centralising power and undermining democratic processes, claiming that key institutions—including the legislature and electoral system—are increasingly influenced by the executive arm of government. He warned that such a trend poses risks to Nigeria’s democracy.

Momodu further alleged that opposition parties face systemic obstacles, including difficulties in accessing venues, legal pressures, and institutional interference. He argued that these challenges have made opposition unity not just strategic, but necessary.

Dismissing concerns about possible cracks within the ADC coalition, Momodu described such fears as speculative, insisting that current political realities have effectively forced major opposition figures to work together.

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