With just two weeks to the end of his tenure, Governor Ibikunle Amosun of Ogun State has been served a notice of Court action alongside his Commissioners for Finance and Justice by a firm.
In contention is alleged breach of agreement on consultancy fee running to $11,740,362.00 over external debt claims in respect of Paris Club Debt and multilateral loans by Ogun State under Amosun.
Counsel to the firm, Bond Investment and Holdings Limited, Bolaji Ayorinde(SAN) in the letter to the State government and officials pointed out that, the demand for payment for his client has culminated in pending arbitration proceedings between the company and Ogun State Government.
The company is owned by Chief Bode Mustapha, an Egba High Chief and Chieftain of the ruling All Progressives Congress (APC) in Ogun State.
The solicitor has served Governor Ibikunle Amosun, Commissioner of Finance, Attorney General and Commissioner of Justice notice, declaring that the fee must be paid within seven days; else a legal action will be taken against the Government.
The letter read: “We are solicitor to Messrs Bond Investment and Holdings Limited (our client), and we have instructions to write this letter to you. Our client by virtue of agreement dated 23 day of December,2009 was appointed as Consultants to the Ogun State Government with respect to Ogun State External Debt reconciliation.”
“Premised upon the above, our client has made monetary demands in the sum of N6,038,624,816.67 on the Ogun State Government and this demand has culminated in pending arbitration proceedings between our client and the Ogun State Government.”
The solicitor added that it came to the attention of his client that Ogun State Government received from the Federal Government, another payment in the sum of $78, 269, 08.70 on 26 September, 2017.
“The receipt of the said payment is directly connected to our client’s work with the Debt Management Office(DMO) of the Federal Government of Nigeria and this fact was specifically acknowledged in your letter of 1 November 2016 to the DMO’, the letter emphasised.
The counsel attached the said letter of 1 November, 2016 as annexure 01, which made specific reference and relied heavily on his client’s letter dated 16 March, 2010, adding that, “in accordance with the clause 3.1 of the agreement dated the 23 day of December, 2009, our client is entitled to 15% of any payment made by the Federal Government of Nigeria to Ogun State after reconciliation.”
It stressed that “We hereby require that you pay to our client the sum of $11,740,362.00 payable in refund currency being 15% of the said sum of $78,269,08.70 within 7 days upon receipt of this letter’, stating that the fee should be paid into the account of the law firm for onward payment to the consultant.