The Federal High Court has granted a garnishee order against the Nigerian Communications Commission (NCC) attaching the commission’s account with the Central Bank of Nigeria (CBN) to the tune of N234,193,048.18.
Justice Binta Nyako made the order based on an application by Private Networks Nigeria Limited (PNN).
The firm sought the enforcement of an arbitration award of November 10, 2017 made by a duly appointed sole arbitrator, Chief Akingbola Akinola, in a dispute between it and NCC.
The applicant/judgment-creditor, through its counsel Olujumobi Orioye , had a contract with NCC to capture and transmit specified biometrics and personal information of existing mobile telephone subscribers in North-Central, comprising Benue, Kogi, Nassarawa, Niger, Plateau, Kwara states and Federal Capital Territory on NCC’s behalf.
The payment sum for each data captured was specifically fixed in the agreement.
PNN reportedly captured 4,105,165 subscriber data records and transmitted them to NCC.
NCC initially informed PNN that only 1,738,731 data records were valid, while 2,366,434 were invalid, due to format and other data entry issues.
It requested PNN to correct the errors and re-submit them. PNN did the correction and re-submitted 2,236,720 corrected data records to NCC.
NCC paid N229,555,445.96 to PNN, leaving a balance of N227,621,419.04 since 2012.
By parties’ consent, the Chartered Institute of Arbitrators (UK) Nigeria Branch appointed Chief Akinola, a Chartered Arbitrator, as the Sole Arbitrator to determine the debt dispute.
The sole arbitrator, on November 10, 2017, awarded PNN N227,621, 419.04.
He dismissed PNN’s claim for pre-judgment interest and as well as NCC’s counter-claim.
But, NCC applied to the Federal High Court to set aside the final award.
Justice Nyako only set aside part of the award relating to post-judgment interest.
