OPL 212: Supreme Court Orders NNPC To Pay N8.14bn In Damages To BCE

The Supreme Court on Tuesday upheld its earlier judgment,
ordering the Nigerian National Petroleum Corporation (NNPC) to pay
$22.6 million(N8.1billion) in damages to BCE Consulting Engineers
over a failed Consultancy Service Contract.

The NNPC through its counsel, approached the Supreme Court
seeking a review of the July 5, 2019 judgment over an alleged error
of facts.

Judicial Review is a procedure provided under the Supreme Court
Civil Procedure Rules for review of extant judgments.

The counsel argued that the court did not hear their preliminary
objection and that their cross appeal was dismissed with
hearing.

However, Justice C. C. Nweze, while delivering the judgment
dismissed the appeal, saying `this apex court cannot be cajoled
with this kind of application, it’s an abuse of justice’.

Nweze, therefore, awarded costs of N500,000 to be paid
personally by counsel to the NNPC.

Meanwhile, BCE in its counter-affidavit requested the court to
disregard NNPC’s application but urged it to uphold the award of
the N8.1 billion judgment sum because NNPC breached an agreement
with it.

In July 1999, BCE filed an action at the Federal High Court,
Lagos in Suit No. FHC/L/C/I316/2000 against NNPC following the
Corporation’s termination of the contract at the directive of the
Federal Government.

On March 7, 2002, the Court directed NNPC to pay BCE the sum of
22. 6 million dollars in damages for the illegal cancellation of
the agreement.

The Court of Appeal directed NNPC to deposit the Judgment Sum of
22.6million dollars into court as condition for appeal to which
NNPC complied.

On June 9, 2011, the Court upheld NNPC’s appeal on grounds that
the Federal High Court lacked jurisdiction over disputes arising
from simple contracts.

On June 13, 2011, BCE applied to the Supreme Court to set aside
the previous judgment in favour of the Corporation.

Upon the delivery of the judgment of the Supreme Court dated
July 5, 2019, NNPC alongside its counsel, Babalakin and Co reviewed
same and had good reason to believe that substantial miscarriage of
justice had been done by the terms of the said judgment.

Accordingly, NNPC (through its counsel) applied for Judicial
Review, which is a procedure provided under the Supreme Court Civil
Procedure Rules for review of extant judgments.

Also, the corporation submitted an independent request,
addressed to the Chief Justice of the Federation, seeking
intervention to facilitate timely action.

“We confirm that sequel to the above application for Judicial
Review of the Supreme Court judgment, BCE had filed a
counter-affidavit dated October 10, 2019, in which it requested the
court to disregard NNPC’s application.

“Additionally, BCE sought the order of the court in directing
UBA Plc, the fundholder, to release the entire judgment sum of $22,
630,000 which NNPC deposited in an interest yielding account in
favour of the Deputy Chief Registrar of the Court of Appeal in
2008, as condition for appeal, to them,” the memo reads.

NAN reports that in July 1999, BCE filed an action at the
Federal High Court, Lagos in Suit No. FHC/L/C/I316/2000 against
NNPC following the Corporation’s termination of the contract at the
directive of the Federal Government.

BCE claimed certain reliefs including the sum of 807,894 dollars
being the alleged value of outstanding invoices submitted to NNPC
on various dates between June and October 1999.

BCE claimed 28.1 million dollars or its Naira equivalent as
special damages for illegal cancellation of the Consultancy
Services Agreement.

On March 7, 2002, the Court directed NNPC to pay BCE the sum of
22. 6 million dollars as damages for the illegal cancellation of
the Agreement.

After BCE filed an appeal, the Court of Appeal directed NNPC to
deposit the Judgment sum of 22.6 million dollars into court as a
condition for appeal which NNPC complied.

On June 9, 2011, the Court upheld NNPC’s appeal on grounds that
the Federal High Court lacked jurisdiction over disputes arising
from simple contracts.

“At a settlement meeting convened by the HAGF in 2016, NNPC
offered BCE the sum of US$1 million in full and final settlement of
their claims which BCE rejected,” it says.

On April 10, 2019, BCE and NNPC (through their respective
Counsel) appeared before the Supreme Court to argue their case

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