…..That EFCC to save innocent Nigerians being impoverished by this firm
From Abiodun Awogbemi
Aware that justice delayed is justice denied and afraid that the systematic elongation for seven years, may deprive them of their expected justice, some aggrieved Nigerians have cried out to government for justice,
This call message is meant to draw the attention of concerned authority as the incidence has been dragging for long time coupled with the boasting of the leadership of the Lebanese firm involved that he would frustrate them and prove that he knows how to circumvent Nigerian legal system.
One of the injured persons in hospital
Also they are praying that Economic and Financial Crime Commission (EFCC) should investigate the same company. According to them, the firm, allegedly on weekly basis is defrauding innocent Nigerians. The leadership of the firm would put a man as procurement officer. All their products are bought on credit. On the promised pay day, they would put another man as procurement officer who would deny ever knowing of such transactions while the account department would support the claim that such procurement person is not known to the firm.
Mr Abiodun Awogbemi, while narrating the genesis of the case, in lengthy paragraphs, said the problem started when a Nigerian business man had accused a Lebanese construction company of using some unconventional ways to dupe Nigerians as well as thwarting Nigeria judicial legal system:
One of the injured persons
According to the duo of the businessmen, Michael Ogunjobi and Abiodun Awogbemi said “We are Nigerians, heckling our living through haulage but our existence was cut short by a Lebanese construction company, Hajiag Construction Company with head office at 60, Hadeja Road, Kano, Kano state and the south west regional office at 7, UAC Crescent, Onireke, GRA, Ibadan and a construction yard at Unique Estate, Ado Ekiti Road, Ifaki Ekiti and an office in 11, Vall Street off IBB Way, Maitama, Abuja.
“On May 28, 2013, our lorry with registration number, BDK 352XB driven by our driver, Ganiyu Bidemi was destroyed beyond repairs by the lorry of a Lebanese construction company, with registration No XB 914 AKN property of Hajaig Construction Company, driven by the company driver while the lorry was going in the front suddenly the Hajiag truck rolled back while ascending the hill towards Itapa Ekiti and hit our lorry that waited for the vehicle to climb the hill, this led to the death of a Nigerian, Mrs Osawitan Mojisola, aged 56 years while five others, Ganiyu Bidemi, Mrs Funke, Wale Oke, and Seun Ayantokun sustained various degrees of injuries and disability.
The Divisional Police Headquarters, Oye Ekiti, Ekiti State who visited the scene of the accident towed both vehicles to their station while those injured were rushed to the Federal medical Center, Ido Ekiti, Ekiti State and the body of Mrs Osawitan was deposited at the morgue.
Part of the damaged truck
After the initial deposit at Federal Medical Center (FMC), Ido Ekti, Hajaig representative, Mr Segun did not show up again to settle the hospital bills which led to the hospital management to delay the discharge of Mrs Funke for her inability to settle the hospital bills despite our various calls and visit to the company with police officers from Oye Divisional Headquarter led by Sgt Jimoh, the company representative later told us that he was told to stop relating to us or any other person on the issue again and told us that, that’s the company modus operandis, as there are many cases like that because the company latches on the vulnerabilities of Nigerians and the system.
The company dribbled the family of the deceased, Mrs Osawitan, and four others, Mrs Funke Master Bidemi Ganiu, Master Wale Ojelere, and Master Seun Ayantokun, that sustained various degrees of injury without any compensation harping on their vulnerability to seek for justice as they could not pay the services of the lawyer they contacted.
One of them with broken leg
After our several visits to the company site along Ifaki-Iworoko/Ado road, the Hajiag representative went to the police station to negotiate and promised that the company was ready to settle all outstanding bills incurred at the hospital and compensate the children of Mrs Osawitan and others as well as replace our damaged vehicle and thereby signed a bond at the police station and took both vehicles to their yard at Unique Estate, Ado Ifaki Road, Ekiti State.
We requested the company to produce the vehicle insurance cover to indemnify the loss, but it was discovered that none of their vehicles had any registered particulars. After several visits with police officer, Sergeant Adebayo Jimoh to the company requesting for the fulfillment of their promise and bond, one of the company representative, a Lebanese, who claimed to be a chieftaincy title holder in Ifaki and Saki, claimed that he is conversant with all Nigeria legal system as it will only cost them to give any Judge N100, 000 to thwart the case with several injunctions.
After several visits to the company with no positive attention and response, we wrote the company to start paying the sum of N200, 000 weekly been the average weekly income of the vehicle when operational, until when they are able to fulfill their promise, which was accepted and signed (accepted as exhibit), after several visits again without any positive action, we then sought the services of Afe Babalola Chambers to help us reclaim our right from Hajaig Construction Company.
According to the Divisional Police Headquarter, Oye Ekiti in its report “a fatal motor accident occurred on the 28th May 2013 at about 1800hrs at Oye Ekiti in Oye Local government involving one Leyland lorry with registration No BDK 352XB driven by one Ganiyu Bidemi ‘M’ of Iyana Ipaja Lagos State and a tipper lorry with registration No XB 914 AKN property of Hajaig Construction Company, Ifaki Ekiti driven by unknown driver while going in the front suddenly rolled back while ascending a hill and hit the claimants lorry that was following behind in which a Osawitan Mojisola ‘F’ aged 56 years died while five others suffers various degrees of injuries and the claimant’s vehicle got damaged.”
The Police investigation revealed that “the accident was caused by the recklessness of the driver who must have known the condition of such heavy duty vehicle, more importantly a construction company vehicle, having known the gravity of the offence, the driver took to his heel at the instance of the accident and the company refused to disclose his identity. However the company, Hajaig claimed responsibility and towed the claimant’s lorry to its construction yard and promised to repair the claimant’s lorry”
“In spite series of visitation to the company yard by the investigating police officer, SGT Adebayo Jimoh the company showed no positive response while the claimant’s lorry appeared deteriorating in state”
The police concluded that “THE COMPANY, HAJAIG DOES NOT SHOW RESPECT FOR THE SANCTITY OF HUMAN LIFE AND LAWS OF THE LAND” (accepted as exhibit).
When the company failed to fulfill its promises, we sought the services of Afe Babalola as counsel to help us reclaim our vehicle.
The case was instituted in 2014 in which the claimant demanded that the sum of N10 million being the market value of the damaged lorry, as compensation for loss of the lorry damaged by the company lorry on 28th of May 2013.
Also seeking for an order of special damages in the sum of N38.4 million being loss of earnings on the damaged vehicle for 192 weeks at the tune of N200, 000 per week starting from 29th of May, 2013 when the truck was damaged till the date of the institution of the suit.
An order directing the company to pay the sum of N200, 000 per week being the weekly generated income over the truck from the date of filling the suit till judgment is delivered
Post judgment interest calculated at 10% per annum till the judgment sum is liquidated
The claimant is also demanding for an order of general damages in the sum of N10 million and cost of the court action in the sum of N3million.
Through the proceedings at the court, the company, Hajiag did not lift a finger towards taking the necessary procedural steps in the matter despite series of hearing notices served on them nor respond neither made any representation at the court until the case was set down for judgment when its defence counsel brought notice of preliminary objection to the court on the ground that the originating process have not been served on the defendant as the bailiff did not state the actual name of the company management served. (This is one of the logics of what the company representative told us that the company usually use to frustrate judicial system), however, our legal counsel withdrew the case and instituted fresh service.
The Assistant Chief Registrar, of the Ekiti State High Court, Ado Ekiti, Prince A. O Ogundare said he couldn’t release his staff to go to Kano due to the persistent kidnapping and activities of bandits and Boko Haram ravaging that part of the country at the time.
Mr Abiodun Awogbemi, one of the partners and elder brother of Michael Ogunjobi accepted to go to Kano and obtained a letter from the chief registrar to the chief registrar in Kano (accepted as exhibit).
The letter was addressed to the Chief Registrar, Kano State High Court to request the Services of Kano Court Bailiffs to serve the Writ of Summons/other court processes, and enrollment orders granting the write to be served outside the jurisdiction of Ekiti State on the defendants.
The Kano State Chief Registrar acted accordingly and detailed the duo of the Chief bailiff of High Court of Kano State, Ibrahim Suleiman and Yau Muhammed to serve the representative of the company who claimed to be one of the directors of the company, while Mr Awogbemi went with them. The Chief Bailiff knew the Hajiag representative which according to him he knew the representative very well, and he had on several occasion served court orders on the representative on behalf of the company and he always collect it on behalf of the company.
After carrying out their service, Mr Awogbemi asked for his own proof to show that the representative was served, a hand writing details was voluntarily writing by one of the directors of Hajaig as Kassm Hajaig, date: 30/03/2017, Time: 12;13 pm, Add: Bompai Road, Rank: Director, GSM: 07059392093 (accepted as exhibit).
In one of the trips to Ado Ekiti with a court paper, Mr Awogbemi on his way back to Lagos in a public transport, he and other passengers ran into kidnapped bandits around Efon-Alaye while a woman was shot dead immediately and some others sustained a high level degree of injury, but he and few others were lucky but lost all possessions. It was the DPO of Efon-Alaye Divisional Police Headquarters that loaned him N3,000 for transport to Lagos, the record of the attack will still be in Efon-Alaye police station with the statement. This was the prevailing situation in the country then, that nobody want to release his or her staff on such dangerous journey more so as everybody knows the deadly dispassion of the Lebanese as there are alleged rumours and finger pointing towards some of them as sponsors of bandits and engaging in various criminal activities in Nigeria.
When the company again as usual did not lift a finger towards taking necessary procedural step despite series of hearing notices served on it, the substantial suit for hearing was taken on 18th December, 2017.
Again the company, as usual did not send any representative or counsel despite been served accordingly, but decided to go the way it had always thread thinking the complainant will not be able to forge on but fortunately, the judiciary with a new government in place also followed with honour and dignity to dispense justice accordingly.
Just like the previous time, after the judgment, the defendant counsel as usual came with preliminary objection that the originating process in the suit was not and /or has not been served on the company and that the originating process ought to have been served in accordance with the law on the company before the honourable court can assume jurisdiction in the matter, this prompted the Honourable Judge to ask for oral evidence, so the two bailiffs in Kano and the one in Ekiti were called to come and give oral evidence, which was done as captured by the Honourable Judge in his ruling.
The defendant witness who claimed to be the South West Zonal manager of Hajaig, Mr Gamel Ahmed, also a foreigner from Sudan, claimed that the said Director that was served n Kano was not known as one of the company staff.
It was gathered that the fat Lebanese man that was served in Kano was used by the company for procurement, and when it is time for the supplier to be paid the company usually denied ever knowing the man which had caused a lot of Nigerians to lose their hard earned money through this fraudulence means.
These Lebanese always played on the intelligence of Nigeria due to the legal system and the financial vulnerability of their prey.
It was gathered that many of their so call artisans tagged expatriate had no valid immigration papers as well avoiding payment of required taxes as most of the documents so obtained are fake while in some cases they pay below the required legal fees.
Delivering the judgment with the attendance of both the claimant and defendant counsel on Friday, 23rd March 2018, the Honourable Justice L. O. Ogundana ruled that the claim of the claimant succeeds in the suit to the extent that a sum of N10 million is awarded against the defendant in favour of the claimant being the market value of the claimant lorry damaged by the defendants lorry on 28th May, 2013
That a sum of N4.8 million special damages is awarded against the defendants in favour of the claimant being the loss of earnings on his damaged truck for six months starting from 28th May, date of the accident at the rate of N200, 000 per week.
The judge however decline the plea for an order directing the company to pay the sum of N200, 000 per week being the weekly generated income over the truck from the date of filling the suit till judgment is delivered of not being reasonable in law.
The post judgment interest was awarded on the total judgment sum at the rate of 3% per annum from the date the judgment is delivered until the judgment sum is finally liquidated.
The Judge refused the claim for general damaged as according to the Judge, awarding same would amount to double compensation forbidden by law and lastly the cost of the litigation assessed at N500,000 is awarded to the claimant against the defendant.
We however appeal to the Economic and Financial Crime Commission (EFCC) to please for the sake of Nigerians, investigate these allegations against the company and the said director in Kano for the sake of innocent Nigerians that has fallen a victim.
Our counsel, sought and obtained an order nisi to garnishee and served 18 banks to come to court to show cause if Hajiag had any account with them, it was unbelievable that none of the 18 banks and about 30 accounts held by the company none showed any amount above N100, 000, most of the account balance was in red, which is impossible for a company not to have any money in any of its accounts, yet it pay salaries, make procurement among other purchases, how is it doing that with the cashless policy?:
The company as at 3rd April, 2018, a week after the judgment, the account of Hajiag in Access bank read N1,819, 317,105.10, only for Access Bank to come up to say that the said balance in the customer’s account has been applied to set off its financial indebtedness to Access bank.
Why is it after the judgment did Access bank suddenly remember that Hajiag is indebtedness to the bank?
It was glaring from the statement of the account that many of the banks are not honest with the statement they brought to court, how can a construction company has zero Naira in all its account, how then is it paying the staff salaries?
The company in order to circumvent justice, led to the preliminary objection to pave way for it in conjunction with their bankers to re-write another statement of account and placed most of the account in Zero.
“We are calling for investigation on the role of the banks vis-a-vis the banking of Hajaig with the banks.
“We believed that the banks removed the money for the company to keep its account red in order to deprive us our claim as granted by the court.
We believed that after the judgment, the company in collusion with its bankers moved the money out of the company purse, to perpetrate the absurdity.
The defendant with their counsel brought the preliminary objection to pave way for the banks to empty the company’s account so as to deprive us our rights.
Despite the judgment, the company did take any step to obey the court judgment.
Our lawyer wrote a letter to the company but they did not respond as they usually done.
We are appealing to well meaning Nigerians and the government to help us prevail on the company to obey the court judgment.
The incidence has caused us a lot of hardship, Mr Ogunjobi during the period was ejected from his apartment and has to go and squat with his in-law, the education of the children suffered serious setback since the only means of livelihood has been cut short.
The education of the children of Mr Awogbemi whom are in higher institution equally suffered serious setback coupled with the trauma suffered during the attack in the course of the proceedings.
From 20013 to 2020, we spend heavily in terms of accommodation, feeding and transportation to Ekiti State from Lagos every months for eight years with the attendant mishap and insecurity on the roads.
We equally on every proceedings has to pay for the transportation of the Lawyer as well as accommodation and feeding every months from year 2013 to year 2020.
Also, we pay for all the fillings at the court, pay the services of the bailiffs among others,
Most of the money spent are borrowed money with the hope that we will get justice which we eventually got but the company is denying us the benefit.
Thanks in advance for your expected assistance and investigation.
Abiodun Awogbemi wrote in from Lagos
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