BY NIYI ABORISADE
Nigeria is on another course to forfeit over 50 Billion Naira to Fulani Community of Plateau State. The legal tussle between Fulani Community of Plateau State v (1) Nigeria (2) Attorney General of The Federation has been ongoing since 2016 at the Federal High Court, Jos Division in Suit No FHC/J/CS/11/2016 wherein the Fulani Community is making a claim of a total sum of N50, 488,436.000.00 (Fifty Billion, Four Hundred and Thirty Six Thousand Naira only.
The Fulani Community was represented by five men from the Community (1) Ardo Ruwa Isau (2) Ardo Abubakar Dankali (3) Suleiman Abubakar Jibrin (4) M. Muhammad Ahmad (5)M Isa Gaga. The claim is brought against the background of the armed conflict between the Sedentary Fulani population and the other ethnic group of Plateau. The Fulani community believes that they were the victims and therefore entitled to damages by the Federal Government
The case is a matter of Public interest in which the members of public deserves to be duly informed particularly when the other ethnic group of Plateau appears to be the victims and not the other way round.
I have seen the response of the Federal Government in which a Memorandun of Conditional Appearance was served to the Court on 14 April 2016 and their general defence but more particular about the Locus Standi of the Petitioners and Jurisdiction of the Court to hear the matter.
The Defendants maintain that the Petitioners have no Consent or Mandate of the Fulani Community in Plateau State. Evidence have not been provided by the Defendant as to why he thinks that the Petitioners have no Consent of the Fulani Community. Although it is common with our lawyers to challenge jurisdiction to buy time or frustrate action. This is because Nigeria costs regime against the losing side or frivolous application are too trivial which accounts for many useless cases and application clogging the wheel of courts .
The most intrigue thing is that the members of public are not aware of this case, which, if the Federal Government lose, they will have no choice other than to use Public Money to pay the Fulani Community. This may exacerbate the conflict between the Fulanis and the rest of Nigerians. The members of public will likely point accusing fingers and claim that the Federal Government is complicit . More so when sometimes ago many Nigerian Dailies claimed that the Federal Government has offered to pay Myetti Allah who are of Fulani extracts the sum of N100 Billion.
The concealment of this case by the Federal Government from the members of public over what touches and affects them is worrisome indeed. It also appears that the Federal Government has provided a weak defence to this claim.
One would recall the recent judgment in the United Kingdom and how Nigeria was hit with a $9.6 billion over a Gas deal entered into on 11 January 2010. The case was shrouded in mystery and was concealed from the Nigerian citizens until an enforcement action was brought by the Claimant (P & ID) at Queen Bench Division in the UK. By the time the news broke out, it was almost too late. Though the Federal Government has lodged an appeal and whilst the Court in the United Kingdom gave permission to appeal, the Federal Government was told to make a deposit of $200 Million. There is no guarantee that the appeal will be successful and if the appeal is not, there will be heavy costs against Nigeria. The UK laws provide costs regime against the losers and the costs may be heavy sometimes, depending on the value of the case and time spent on it. There could also be wasted costs order where defense or claim produce no reasonable ground.
Obviously, Nigeria is doomed should we lose the appeal as the Claimant will be able to seize our property anywhere in the world in lieu of their money if we failed to make payment. It was the complacent of the Federal Government that led to the success of the enforcement action with the likely collusion of those in authority.
The Fulani Community claim is now over three years and the court has not determined the case and thus another heavy claim is hanging upon Nigeria like a cloud. This is a case in which I think the Attorney General of the Federation (AGF) should be directly involved and make a request for an expedite decision on the matter. The longer the case is delayed, the likelihood of the success of the Petitioners. What if the Fulani Community in Plateau State depose an affidavit that the Petitioners in fact have their Consent and judgment is giving in favour of the Fulani Community. Over N50 billion of Nigeria tax payers money would be handed over to them.
It is imperative that the Federal Government and Attorney General of the Federation takes all legal issues seriously so as not to put Nigeria in perpetual debt. The Nigeria laws and attitude of judges needs overhauling. Justice delayed is justice denied. Cases sometimes run for eight to 10 years for no apparent reasons other than the fact that the judges are happy to adjourn cases on a flimsy excuses or there are no sufficient judges to try cases.
On the balance, the case by the Fulani Community is a vexatious claim that should be dismissed in its entirety and huge costs awarded against them. However, this will only happen if the Federal Government put a serious defence by a sound legal team.
Niyi Aborisade is the President of the National Movement For Positive Change (NMPC) and a UK based Legal Practitioner
