N75bn suit: CJN queries judge over double ruling
Justice Aliyu Mayaki had on July 18, 2011 overruled his earlier pronouncement on June 7, 2011 over the filing fees for suit number NHSC/BD/12/1993 involving Chief Bartholomew Anekwe versus Union Bank PLC and three others. The judge had concurred with a letter of October 18, 2010 from the defendants – Union Bank, Malam Isa Aliyu, […]
Justice Aliyu Mayaki had on July 18, 2011 overruled his earlier pronouncement on June 7, 2011 over the filing fees for suit number NHSC/BD/12/1993 involving Chief Bartholomew Anekwe versus Union Bank PLC and three others.
The judge had concurred with a letter of October 18, 2010 from the defendants – Union Bank, Malam Isa Aliyu, Unity Life and Fire Assurance Company Ltd and Leadway Insurance Company Ltd – which was filed without appealing the first ruling, that Chief Anekwe did not pay the appropriate filing fees for the hearing of the suit.
The judge in the second ruling ordered Anekwe to pay the sum of N11.3 million as filing fees before his suit can be heard as against N20, 790 earlier approved by the registrar of the court.
Following a petition by counsel to Anekwe, Festus Keyamo Esq. on May 13, 2013, the CJN directed the Chief Judge of Niger State, Justice Fati Lami Abubakar, to reply within one month.
The letter from the executive secretary, National Judicial Council (NJC) Danladi Halidu Esq., reads in part: “In the opinion of His Lordship, Hon. Justice Aliyu Mayaki was definitely functus officio when he dealt with the second application. Your comment on the matter should reach his lordship within one month of your receipt of this letter, please”.
Chief Anekwe, who is the managing director of B.U.O. Anekwe and Sons Nigeria Ltd had sued Union Bank and the others for alleged breach of agreement on the repayment date for a N321,000 loan borrowed in September 1985.
The loan, which was to fund a livestock feeds manufacturing plant in Bida, Niger State in conjunction with Pfizer Livestock Feeds Franchise Millers was abruptly terminated including the insurance cover for the plant which led to the grounding of the plant.
The industrialist is demanding for return of certificate of occupancy for the plant premises and specific claim of N75 billion in compensation.