19 estate surveyors and valuers have dragged the federal government and five others before the Federal High Court (FHC) sitting in Makurdi, Benue State, claiming N2 billion for allegedly frustrating the irrevocable powers of attorney it entered into with beneficiaries of the compensation of the Keffi-Lafia-Makurdi dualisation project.
The plaintiffs prayed the court to order the 1st to 5th defendants to pay them the sum of N578,665,756.32 million, which represents the 10 per cent professional fees that would have accrued to the plaintiffs from the total compensation sum of N5.7 billion.
The suit with No: FHC/MKD/CS/11/2022 was instituted to get the court to order the defendants to pay the condor of surveyors the sum of N2 billion damages for arbitrary using its powers to frustrate the agreement it entered into with beneficiaries of the Keffi-Lafia-Makurdi road dualisation project.
Also joined in the suit are the Federal Ministry of Works and Housing, China Harbour and Engineering Company Ltd; the Attorney-general of the Federation; David Atabo and Lucky Blessing Emi (trading under the name and style of Lucky Emi Consulting).
The ESVs alleged that even though it entered into an agreement with beneficiaries affected by the dualisation project as its lawful Attorneys, the defendants decided to sideline the consortium when it commenced payment to beneficiaries.
In the suit filed by Sebastine Hon (SAN), on behalf of the 19 surveyors, the consortium is praying the Court to compel the FG and five other Defendants to pay the compensation sum of N5.7 billion due to the beneficiaries through the estate surveyors and valuers, as their lawful Attorneys.
In the application for writ of summons, Sebastine Hon SAN urged the court to issue “An order directing the 1st to 5th Defendants to pay to the plaintiffs aggravated damages in the sum of N2 billion, for arbitrary, illegal and unlawful use of power – by their act of frustrating private agreements (of Irrevocable Powers of Attorney) between the plaintiffs and private communities and individuals” affected by the dualisation.
“A declaration that the executive decision of the second and third defendants, of refusing to pay compensation to the project affected persons through their lawful Attorneys (the plaintiffs) after initially accepting the plaintiffs as such lawful Attorneys and even paying the first tranche of the sum of N260 million to the same plaintiffs is wrongful, illegal, null and void and of no effect whatsoever.
“An order of mandatory injunction compelling the 1st to 5th defendants, either by themselves, their officials, officers, subordinates, employees, workers, agents, delegates, staff, contractors, assigns, successors-in-office, privies and or representatives, to pay the settled compensation for the communities and person’s affected by the expansion of Keffi-Abuja expressway and Keffi/Lafia/Makurdi road dualisation project in the sum of N5,786,657,563.17 to the plaintiffs, in accordance with the respective Powers of Attorney donated to the plaintiffs of the said communities and persons affected”
They argued that the payment would “enable the plaintiffs to deduct at source their 10 percent (N578,665,756.32) professional fees and pay the net to the communities and people affected by the project.”
