An Abuja high court in Abuja has, on Thursday, adjourned the case involving Fidelity Bank, Pagmat Oil and Gas Nig. Ltd, Prudential Steps Savings & Loan till June 21, 2023 over allegations bordering on N86 million car supply deal.
Recall that in 2019, a Kano based firm, Triple C Motors Nigeria Ltd, petitioned the Central Bank of Nigeria (CBN) and Nigerian Deposit Insurance Corporation (NDIC), demanding payment of N86 million for the supply of seven vehicles to Fidelity Bank plc.
In the letter to CBN, Okutepa stated that sometimes in December, 2018, “one Hajia Aisha Bello approached one of Triple C directors, Dr. Adamu Kukurl, through her company, Prudential Steps Savings & Loan in company of one Ade and Ibrahim Annas and requested for the supply of seven vehicles, including one Sienna, one Toyota Camry, two Toyota Prado Jeeps, two Honda and one Toyota Corolla vehicles valued at N86 million.
Consequently, the petitioner demanded the immediate payment/release of the sum of N86 million to Triple C Motors Ltd and also the payment of N20 million as damages for illegally withholding the N86 million.
Fast forward to 2023, a writ of summons issued by the company’s lawyer, Ojonimi Apeh, against the defendants was filed pursuant to Order 2, Rule 2(6) of the High Court of the Federal Capital Territory (FCT), Abuja (Civil Procedure Rules) 2018.
The plaintiff sought compensation in respect of the N86 million car supply deal.
The trial Judge, Justice C. E. Nwecheonwu, adjourned the matter having discovered that Pagmat Oil and Gas Nig. Ltd (the 2nd defendant) had not been served with the court processes.
However, Apeh, who appeared for the plaintiff, assured the court that he would file an ex parte application for the defendant to be served by substituted means.
The matter was consequently adjourned for continuation of hearing.
The plaintiff, a Kano-based car dealer, is claiming against the defendants jointly and severally, the sum of over N40 million as compensation for unlawful withholding of its money for a period of 43 months.
Tripple-C Motors wants the court to declare that “the refusal and failure of the defendants to pay it the sum of ₦86million for supply of cars it made at the instance of the defendants.
The company alleged that the deal resulted in the loss of profits/earnings to the claimant in the sum of at least N4.3million per month for a period of 43 months cumulating loss of at least N34,400,000.00 (Thirty-Four Million, Four Hundred Thousand Naira) only for that period and thereby rendering the defendants liable to the claimant in damages.
“An order directing the defendant to pay the claimant the sum of N34,400,000.00 (Thirty-Four Million, Four Hundred Thousand Naira) only as projected returns and/or loss of anticipated profits/earnings. 20 percent interest on the judgment sum per month from the date of judgment until the judgment debt is fully liquidated.
“An order directing the defendants to pay the claimant the sum of ₦6,000,000.00 (Six Million Naira) only as cost of this suit,” among others.
In a statement of claims, the claimant averred that the vehicles were only delivered based on the fact that the Block Funds/Irrevocable Standing Order, dated Dec. 20, 2018 was issued by the bank’s Utako branch manager and handed to Dr. Adamu Kukuri, the claimant’s director.
The claimant further averred that upon the expiration of 30 banking days after delivery of the seven vehicles, no money was paid into her account with Zenith Bank Plc as agreed to and undertaken in the Block Funds/Irrevocable Standing Order.
The defendants were also accused of committing the offence of cheating when they “fraudulently and dishonestly induced Triple C Motors Nigeria Ltd through the Managing Director, Dr. Adamu Kukuri by presenting forged Fidelity Bank Plc letter of block fund/Irrevocable standing order dated December 20, 2018, which made him deliver the vehicles.