Contractor seizes BSUDPB property to recover debt

From Ahmad Muhammad,Bauchi

In a bid to execute the order of justice Mu’azu Abubakar of Bauchi State High Court, Muhab Engineering Nigeria Limited has seized the properties of Bauchi State Urban Planning and Development Board BSUDPB.
This development is as part of their effort to recover his debt amounting to N62,545,051.19 as outstanding principal and interest due to the contractor.
So far, they have seized 13 different vehicles and properties and taken to the premises of Bauchi State High Court for auctioning to enable the company recover their money.
Addressing reporters at the premises of the Bauchi state High Court today, representative and the Managing Director of Muhab Engineering Alhaji Labbo A kabiru said, the company sue the BSUDPB before the state High Court over their in ability to pay them the 50% retention money for a contract awarded to the company of Doya Outfall Drainage Channel in Bauchi Metropolis since 18th May 2009.
He said the Job was successfully completed and the company was commended by the project coordinator. In a letter addressed to the company with reference BS/CBUDP/DP/ICB/P11/07/Lot/1, dated August 25th, 2011. But unfortunately BSUDPB defaulted in paying the company 50% retention money within 28 days as contained in article 43.1 of the contract agreement, for that our company demanded for the payment of 50% of the the retention money with a prevailing interest rate of 28% for commercial borrowing and the contractor can demand to be paid in any currency.
Kabiru who came well armed with certificate of court dozens of proof of their engagement and agreements papers to support his press briefing told reporters that after series of delayed from the BSUDPB and persistent reminders, the board invited our company to a meeting between 7th and 8th January, 2020.
The meeting was aimed at arriving at amicable solution, and we resolved that our company should waved the 50% of the claims and it should be pay within two weeks.
However, nothing happened when our company put more pressure, the board forwarded their minutes of meeting to the accountant General of the state on 29th September 2020, and the government carpeted the matter until 12 months later.
We continue to remind the defendants ,they invited us for a meeting under the State. ministry of Justice but the defendants didnt honour the agreement reached.
He said “The ministry of Justice informed the Secretary to the state government in a letter with reference MOJ/LAW/S/62/V.II/85: and MOJ/LAW/S/62 dated 11th August,2021 and 22nd November, 2021, in fact we have been pursuing this issue for 12 years, the defendants were reluctant, they didn’t fulfill any of their promises, that was why we resulted to legal action and the judgement was done in our favour”.
He said as at the time our company became due for payment of its claims its $1.00 was to N350.00 now $1.00 is above N1000, which means if our money that is going to be paid if its in Naira it is almost valueless.
Kabiru said as indigeneous contractors ,they deliberately refused to join World Bank in to the suit in order not to stop the ongoing water project in Bauchi metropolis and not to disrupt all world bank assisted project
He said “There is no law that gives the judgment Debtor to do self assessment of the attached property and now revert to the Sheriff for help to release part of the property already attached without paying the judgment sum for the simple reason that the judgment Debtor is the Government”.
When contacted counsel to the BSUDPB Barrister UB Babayo said the matter presently is before his superior officers in the Ministry of Justice for that he cannot talk for now on the matter.