A businessman named Ubokubom Nyah from Akwa Ibom State has taken legal action against the state government for not paying him the consultancy fees owed to him for a project he executed.
The lawsuit, filed under suit number HT/2/2023, also includes the state Attorney General and Commissioner for Justice, as well as Landsea Construction and Engineering Limited as defendants.
According to the case particulars obtained by The Punch on Saturday, the plaintiff is alleging that the defendants have refused to pay him his consultancy fee, which was shortchanged to the tune of N10,279,391 for the service he rendered.
Counsel to the plaintiff, Andem Ndem, filed a motion on notice on March 7, 2023, requesting the court to order the defendants to pay the plaintiff the sum they had already admitted owing him, as well as compel the first defendant to ensure that the second defendant pays the admitted sum.
The plaintiff, Ubokutom Nyah, who operates under the business name Otto Trinity Studios, supported the motion with an affidavit. He claimed that the defendants had admitted to shortchanging him the sum of N10,279,391 from the bill he submitted after completing architectural consultancy services.
He also noted that the defendants appointed him in March 2014, through a letter from the Commissioner for Special Duties, to serve as a resident consultant to provide architectural consultancy services to a hotel complex under construction in Ikot Ekpene, and that he had accepted the appointment.
Nyah said after the successful completion of the service, “I submitted my bill/invoice in the sum of N1, 025, 838, 385.96 (One billion, twenty-five million, eight hundred and thirty-eight thousand, three hundred and eighty-five naira, ninety-six kobo only) via a letter dated January 18, 2016.
“I know that the 1st Respondent in reaction to my bill/invoice for payment of professional fees dated January 18, 2016, unilaterally introduced the 2nd Respondent, into the contract to handle payment of professional fees due to me for unknown reasons.
“I protested against the forceful injection of the 2nd Respondent into my bilateral contract with the 1st Respondent and the consequential financial shortchange resulting from this strange procedure.
“I carefully audited all payments made to me by the 2nd defendant/respondent and discovered the following short-payments which cumulatively resulted in the shortchange of N42,083,853.37 (Forty-two million, Eight-three thousand, Eight hundred and fifty -three naira, thirty-seven Kobo) only.
“I state further that I demanded the refund of the aforestated short-payments from the Ist Defendant/Respondent via my letter dated March 22, 2021. I also know that the Ist Defendant by their letter dated April 1, 2021, forwarded my protest letter to the 2nd Respondent for reaction.
“But the 2nd Defendant/Respondent by their letter dated April 27, 2021, responded to Ist Defendant/Respondent and admitted that they actually shortchanged me to the tune of Ten million, Two hundred and seventy-nine thousand, three hundred and ninety-one naira, thirty-one kobo (N10,279, 391.31) only.
“That on January 10, 2023, I wrote a letter to Ist Respondent herein and demanded that they prevail on 2nd Respondent who is their agent to pay me the admitted sum but they refused.
“That except this honourable court orders the Defendants/Respondents to pay me this admitted sum, they will continue in their intransigence,” the applicant stressed.
According to a letter addressed to the Commissioner Ministry of Special Duties & Aviation Akwa Ibom State, Landsea Construction & Engineering Ltd admitted to shortchanging Otto Trinity to the tune of N10, 279, 391.
The letter, which was signed by Project Consultant Manager Oliver Ebong and made available to journalists in Uyo, states: “I take responsibility for the sharing mistakes and will effect redress to Otto Trinity willingly.”
“At no point was there any intention to ‘defraud’ any consultant, definitely not myself Landsea that also got shortchanged.
“In reaction to your letter on issues raised in Otto Trinity’s consultancy fees shortchange, I have checked all the payments received from inception, painstakingly computed/shared same and compared such to the initial sharing with my colleagues and admit to net shortchanges to Otto Trinity and Landsea, but net overpayments to Dranibs.
“However, the shortchange to Otto Trinity is N10, 279,391.31 only not what he claimed for reasons provided above.
“I reiterate my readiness to make good this shortchange as soon as you conclude your mediation,” the letter reads.
