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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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Rivers Crises: Dele Momodu Writes Open Letter to Tinubu

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By Eric Elezuo

Following the political crises that have ravaged Rivers State, and President Tinubu’s subtle preference for one of the gladiators, Mr. Nyesom Wike, the former governor of the state, and present Minister of the Federal Capital Territory against the incumbent governor, Mr. Siminalayi Fubara, Chairman, Ovation Media Group, Chief Dele Momodu, has written yet another letter to the president.

Momodu reminded the president of life after office, and the need to live according to his democratic billings and background,  stating that God has been kind to him to give him what Chief Obafemi Awolowo,  Dr. Nnamdi Azikiwe and the rest couldn’t get, their popularity and doggedness notwithstanding. He pointed out the recent happenings at the Lagos State House of Assembly, where the lawmakers impeached his anointed speaker, whom he restored, saying that was part of the signals towards the impending rebellion ahead.

The letter in full:

AN OPEN LETTER TO PRESIDENT TINUBU
By DELE MOMODU

My dear ASIWAJU, I pray this message meets you well. This letter has become necessary because of the strange things happening under your watch. I believe you were a Democracy hero and some of your mentees in the 1990s are now thoroughly embarrassed, and we feel scandalized, by your complete transfiguration from a Democracy Fighter to an enabler of ruthless Dictatorship. I have watched with incredulity, and sometimes trepidation, how you have wasted the humongous goodwill you built and acquired in those days of military rulership. How sad and unfortunate!!

Your Excellency, let me tell you what your hangers on will not tell you. Your deification by hero-worshippers is a charade. Permit me to give you two tales from Yoruba folklore. The first is the story of A O MERIN JOBA. How the elephant was deceived into thinking he shall become the ultimate king of the jungle until he fell into the ditch dug by the same acolytes.

The second is that of ESIN OBA SONU. The King’s Horse disappeared and a massive hunt ensued. It is not everyone searching for it that wants it recovered.

Have you forgotten the encomiums you and other members of your ruling party poured on President Muhammadu Buhari barely two years ago? Today, you’re all singing new tunes. The same fate awaits you sooner or later. The government agencies of coercion you’re deploying today to harass your opponents would be mobilized to hound you and yours if and when tomorrow comes.

The polity is dangerously heating up at the speed of light. Perhaps, only you and your diehards cannot see it. The recent rebellion in the Lagos State House of Assembly should have been a veritable signal to you about the impending resistance ahead.

Your open support for Minister Wike’s destabilization of Rivers State is most regrettable. God has been most kind to you. You got what CHIEFS AWOLOWO, AZIKIWE, M.K.O ABIOLA, OLU FALAE and MAJOR GENERAL YAR’ADUA couldn’t achieve. Why do you now place your fate in the hands of gods with feet of clay?!

Your legitimate ambition to seek a second term does not warrant this level of rascality across the nation…

Best wishes…

BOB DEE

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Again, El-Rufai Attacks Tinubu over Chicago Varsity Certificate Scandal, Calls President Ungrateful

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A former Governor of Kaduna State Nasir El-Rufai, said he and his allies had hoped that President Bola Tinubu would replicate his achievements in Lagos at the national level but failed woefully.

El-Rufai explained that despite concerns about Tinubu’s alleged certificate forgery from Chicago State University during the 2023 presidential election they backed him, believing he could transform Nigeria as he did Lagos.

“What pains me is that the government we supported and had confidence in would do well, because we saw what Tinubu did in Lagos despite his challenges,” El-Rufai told BBC Hausa in an interview on Saturday.

“We all know about his issues in Chicago, but we thought if he could replicate his work in Lagos for Nigeria, let’s support him. However, he failed,”

El-Rufai called on opposition figures, including Atiku Abubakar, Peter Obi, Rotimi Amaechi, and Rauf Aregbesola, to unite under the Social Democratic Party (SDP) to salvage the country.

“What I want and pray for is for all opposition leaders—Atiku Abubakar, Peter Obi, Rotimi Amaechi, and Rauf Aregbesola—to join the SDP,” he added.

El-Rufai also dismissed accusations that he betrayed former Vice President Atiku Abubakar, stating that his past disagreements with Atiku during the Obasanjo administration were based on principle, not personal animosity.

“I never betrayed Atiku Abubakar because we didn’t meet in politics; we met at work. In work, if I see that he didn’t do well, whoever he is, I will tell him. I told Buhari, and I even took Buhari to court on the new naira issue,” he said.

“When Obasanjo and Atiku were having issues, those of us working with Obasanjo looked at the issues between them and said Obasanjo was more right. It was not about north and south; Obasanjo was right. Atiku and I are now together, and if I betrayed him, why are we together now.”

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Sanusi Lamido Remains Emir, Kano Govt Insists, Says Appeal Court Can’t Contradict Itself

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Kano State Commissioner for Justice and Attorney General, Haruna Isa Dederi, has insisted that the ruling of the Court of Appeal, Abuja Division, on the lingering emirship tussle has not invalidated the reinstatement of Muhammadu Sanusi II as the 16th Emir.

Besides, Dederi declared that having passed a landmark verdict on January 10, 2025, reaffirming the power of the Kano State Government to reappoint Sanusi, it is impossible for the Court of Appeal to set aside or quash its own decision on the same matter.

The Attorney General made this position known to journalists while reacting to Friday’s ruling of the Appellate Court on the application for a stay of execution filed by Alh. Aminu Baba DanAgundi, one of the kingmakers loyal to the 15th Emir of Kano, Alh. Aminu Ado Bayero, pending the determination of the appeal at the Supreme Court.

According to Dederi, the matter is functus officio, adding that only the Supreme Court has the power to set aside the decision of the Appeal Court handed down by Justice Mohammad Mustapha on January 10, 2025.

“The Appeal Court today, after hearing their application for a stay of execution, ruled that the status quo should rather be maintained as it is now until after the judgment of the Supreme Court. They have filed an appeal at the Supreme Court.

“It doesn’t mean that the judgment delivered on January 10, 2025, has been quashed. That judgment is still standing, still in place, and subsisting. The Court of Appeal cannot reverse its own decision. It is not possible. Only the Supreme Court has the power to set aside the judgment given by a lower court.

“So, the Court of Appeal, Abuja, today has just said that execution of the judgment has been stayed pending the outcome of the appeal, which has been filed at the Supreme Court by Aminu Baba DanAgundi on behalf of Bayero,” Dederi noted.

It would be recalled that on January 10, 2025, a three-member panel of the Court of Appeal, Abuja Division, led by Justice Mustapha, set aside the judgment of Justice A. Liman of the Federal High Court, Kano, which nullified the steps and actions taken by the Kano State Government pursuant to the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.

The Appellate Court also dismissed the decision of the Federal High Court judge to hear the matter relating to the emirate council, ruling that the Federal High Court lacked the jurisdiction to do so. This decision upheld the removal of Bayero as the 15th Emir.

Dissatisfied with the verdict of Justice Mustapha’s panel, DanAgundi proceeded to the Supreme Court to seek the overturning of the lower court’s verdict. He also filed a motion for a stay of execution of Justice Mustapha’s judgment pending the hearing and determination of the Supreme Court’s ruling on the matter.

The application was also moved on the grounds that the applicant initially instituted the suit in Kano to protect his fundamental rights and argued that the trial court lacked jurisdiction to hear and determine the suit.

In a unanimous ruling, the three-member panel of Justices led by Justice Abang on Friday held that the application was meritorious and deserving of the court’s discretion in the interest of justice.

“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” Justice Abang said

Justice Abang held that the mandatory injunction ordered that the status quo ante bellum be maintained by the sheriff of this court and the trial court as it was before the trial court’s decision on 13/6/2024 in Suit No. FHC/KN/CS/182/2024.

In granting the injunction, Justice Abang emphasised that the applicant’s process was competent and had met all the necessary legal conditions required to obtain the relief sought.

He noted that a valid appeal was already pending before the Supreme Court, reinforcing the need to preserve the subject matter of the litigation.

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