The Federal High Court in Lagos yesterday refused an application by the Federal Government to stay proceedings in a suit by Bi-Courtney Limited about a concession agreement dispute.
Justice Ibrahim Buba held that the application lacked merit.
Bi-Courtney is claiming N66 billion as damages from an alleged breach of a concession agreement for the redevelopment of the domestic terminal of the Murtala Muhammed Airport II, Ikeja.
Attorney-general of the federation (AGF), Asset Management Corporation of Nigeria (AMCON) and the Federal Airport Authority of Nigeria (FAAN) are the defendants.
AGF and FAAN prayed the court to suspend proceedings pending the determination of its appeal on a ruling by Justice Buba.
Bi-Courtney filed the suit by writ of summons on February 1, 2013, seeking damages, declarative and injunctive reliefs following an alleged breach of the April 24, 2003, agreement.
On February 25, 2013, the AGF and FAAN urged the court to strike out Bi-Courtney’s suit or stay proceedings pending when arbitration was concluded.
Last November 9, Justice Buba dismissed the defendants’ prayers on the grounds that parties in a sister case were already in arbitration.
Dissatisfied, AGF and FAAN said they filed a notice of appeal dated December 11, 2015.
They averred that unless Justice Buba stayed proceedings, the Court of Appeal would be foisted with a fait accompli (an accomplished deed) and its decision would be rendered nugatory.
But Bi-Courtney, through its lawyer Wale Akoni (SAN) opposed the application, saying there was no valid appeal by the AGF and FAAN.
Justice Buba held that the application for a stay was not brought before him within the period allowed by law.
“I don’t have the jurisdiction to entertain this application after 14 days from the date of ruling,” he said.
He added that since the appeal was filed out of time, only the Court of Appeal could entertain the application for extension of time.
“This court has no jurisdiction to grant an extension after 14 days. I agree that there is no valid appeal before the Court of Appeal. This application is misconceived, incompetent and is hereby dismissed,” he held.
Justice Buba adjourned until May 12 for hearing.