An High Court sitting in Ilorin on Tuesday ordered the Kwara State
Governor and three others to pay the sum of N192, 060,509.15 million
to Botad General Limited being the cost of medical equipment supplied
for the establishment of the Advanced Diagnostic Centre.
Other defendants in the suit are the Commissioner of Health,
Commissioner of Finance and the Attorney-General of the state
respectively. The legal team of the defendants was led by Chief State
Counsel A.A. Daibu.
While the delivering the judgment, Justice I.A. Yusuf, admitted in
evidence all the agreement documents for installment payment of the
said amount by the both parties as presented by the Counsel to the
Claimant, Barrister Tosin Alawode.
Botad General Limited had through its Counsel claimed that “the
Commissioner for Health (2nd Defendant), on the 5th June, 2009
introduced an outfit called Medical Equipment Medical Services as the
consultant in-charge of the establishment of an Advance Medical
Diagnostic Centre in Ilorin.
“The Commissioner for Health also expressed the desire of the
consultant to procure diagnostic equipment and sought for our
cooperation in that regard. On March 10, 2010, the Commissioner for
Health however awarded a contract to the claimant to supply a State of
the Art Medical Equipment in the sum of $7,452,782.21.”
The Claimant’s Counsel further stressed that the Commissioner for
Finance (3rd Defendant) on February 18, 2015, did undertake that to
pay the said amount in Naira equivalent in five months installments
between March and July 2015. The defendants however reneged on their
promise and undertaking to pay as contained in their letter of
February 18, 2015 and no payment has been made whatsoever.
“Several phone calls have been put across to the 3rd Defendant for the
payment of the outstanding sum but without any response whatsoever.
The refusal of the defendants to pay the outstanding sum since 2014
has adversely affected the claimant’s business and equally made them
to incur additional liabilities in the course of the efforts at the
demanding the payment.”
Barrister Alawode however maintained that interest on the said sum of
N192,060,509.15 at the rate of 22 percent per annum from 2013 until
judgment and at the rate of 10 percent per annum thereafter until the
final liquidation of the whole debt.”