Energy Commission Ignores Attorney General’s Directive On Judgment Debt

Months after the minister of Justice and attorney general of the federation (AGF), Lateef Fagbemi, asked the Energy Commission of Nigeria (ECN) to settle a judgment debt it owes two firms, PSC Industries Limited and OGB-Tech Nigeria Limited, the energy commission has failed to comply with the directives.

The AGF’s intervention was informed by a February 4, 2025 letter by the law firm of Prof. Yemi Akinseye-George, SAN and Partners, Counsel to the two firms, seeking the minister’s consent to garnishee ECN’s bank accounts to satisfy the judgment debt.

The judgment debt was put at N157,035,350.00 in addition to 10 per cent annual interest from November 5, 2018 until full liquidation of the judgment debt and accrued interest.

The judgment debt arose from the ECN’s failure to pay both firms for the contracts they executed for it, leading to a dispute which culminated in a judgment given against ECN by the Supreme Court on June 7, 2024.

The ECN awarded contracts to the two firms for the execution of solar energy projects. PSC was awarded two projects known as the Jarkum project and the Agoloma project, while OGB-Tech also got two, known as the Obokun project and the Batagarawa project.

The two firms, in documents filed before the High Court of the Federal Capital Territory (FCT), accused the ECN of failing to pay for their services after they duly executed the projects and requested for payment.

In a judgment on November 5, 2018 in the suit marked: FCT/HC/CV/1740/2915, the High Court of the FCT, upheld the plaintiffs’ case as prosecuted by their lawyers, Mrs. Olaide Akinseye-George and Kelvin Mejuku.

The High Court of the FCT ordered ECN to immediately pay the firms their monetary claims, in addition to 10 per cent interest on the judgment sum until the final payment of the judgment debt.

ECN appealed the High Court of the FCT’s judgment to the Court of Appeal in Abuja, which in a judgment on September 6, 2022 in the appeal marked: CA/A/283/2019 affirmed the decision of the High Court of the FCT.

Again, the ECN appealed to the Supreme Court, in an appeal marked: SC/CV/1584/2022.

In its judgment on June 7, 2024 the Supreme Court dismissed ECN’s appeal, describing it as unmeritorious.

Justice Habeeb Abiru, in the lead judgment, said: “This appeal has no iota of merit and it is in fact, an appeal that should never have found a space in the hearing calendar of this court. It is hereby dismissed.

“The judgment of the Court of Appeal, delivered in Appeal: No CA/A/283/2019 on the 6th of September, 2022, and which affirmed the judgment of the High Court of the Federal Capital Territory, delivered in suit: No FHC/HC/CV/1740/2015 on the 5th of November, 2018, is upheld.

“The first and second Respondents are awarded the costs of this appeal assessed at N500,000.”

After several demands on ECN to comply with the judgment of the Supreme Court, without success, the firms, through their lawyers, wrote to the AGF/MJ for consent to garnishee ECN’s bank accounts in a bid to recover the judgment sum. The letter was dated February 4, 2025.

In one of the letters of demand sent to the director general/chief executive officer of the ECN, dated April 11, 2025, the firms put the judgment debt at N157,035,350.00 in addition to N138,208,883 being the accrued 10 percent interest as at April 11, 2025, totalling N295,245,233.00.

In response to the letter by the firms, the AGF/MJ agreed that the firms were entitled to be paid and wrote the ECN to settle the judgment without delay.

The letter, dated March 24 was written on behalf of the AGF/MJ by the Director, Civil Litigation and Public Law Department, Federal Ministry of Justice, Mrs. Maimuna Lami Shiru.

Part of the AGF’s letter reads: “The Attorney-General of the Federation and Minister of Justice (AGF/MJ} is in receipt of a letter, dated 4th February,2025 from Prof Yemi Akinseye-George, SAN & Partners.

“Kindly be advised that it is expedient for the Energy Commission of Nigeria (ECN) to endeavour to settle ine matter amicably with the judgment creditor in the absence of any legal impediment.”

The firms, in a fresh court filing, claimed that the ECN has failed to comply with the minister’s directive and threatened to return to the AGF/MJ for further actions.