The Federal High Court in Abuja on Monday, ordered a firm, Anchor Dataware Solutions Limited, and the Federal Government not to take any action that might affect a suit before it.
By Taiye Agbaje
The Federal High Court in Abuja on Monday, ordered a firm, Anchor Dataware Solutions Limited, and the Federal Government not to take any action that might affect a suit before it.
Justice Emeka Nwite g
ave the order following an application by Abiola Olawole, who appeared for the Federal Government, seeking to respond to the company’s counter affidavit to their preliminary objection.
The News Agency of Nigeria (NAN) reports that Anchor Dataware Solutions Limited had sued the Federal Ministry of Interior, the Attorney-General of the Federation (AGF) and Federal Republic of Nigeria as 1st to 3rd defendants respectively.
The firm dragged the defendants to court over alleged wrongful termination of its contract for the management and maintenance of the e-Citibiz Platform, an automation system for processing expatriate quotas, business permits, citizenship administration and marriage registration.
In the suit, marked: FHC/ABJ/CS/770/2025 and filed by Obinna Amagwula, the company is seeking several declarations and reliefs, including a pronouncement that the Public-Private Partnership (PPP) agreement signed with the ministry remains valid and binding.
It also wants the court to declare that the purported disengagement of its services via a letter dated April 15, was unlawful and in breach of the contract terms.
It seeks an injunction restraining the ministry from engaging another service provider, except in accordance with the procedures set out in Clause 13.1 of the contract, which requires a three-month notice period for termination.
The firm also seeks ₦20 million as cost of action.
Olawole, in a preliminary objection dated and filed on April 25 on behalf of the defendants, sought an order.
The lawyer prayed the court to declare that it lacks jurisdiction to adjudicate over the plaintiff’s claim or grant any of the reliefs endorsed on the writ of summons.
Giving three-ground of arguments, Olawole submitted that the totality of the plaintiff’s claim was founded on a purported simple contract between the ministry and the company for “maintenance services.”
According to him, this honourable court lacks substantive, and procedural jurisdiction to adjudicate over an action founded on smpte contract or enforce any of the clauses contained in the agreement, in so far as, the claim relates to contract simpliciter.
He also argued that the company’s action was premature.
When the case was called on Monday, Olawole told the court that the plaintiff served on them a counter affidavit to their preliminary objection and he would need more time to respond.
He said they were still within the statutory time to respond.
The lawyer, therefore, sought an adjournment to enable the defence file its processes.
Amagwula, who appeared for the plaintiff, did not oppose the application.
He, however, urged the court to direct parties to maintain the status quo to prevent actions that might undermine the subject of the litigation.
Justice Nwite, therefore, held that justice demands that no party should take steps capable of affecting the subject matter of a suit already before the court.
“This is a court of record. If a matter is before the court, justice demands that without any pronouncement, parties must stay action on all issues relating to the case pending the hearing of the substantive suit,” the judge said.
In response, the defence counsel assured the court that the defendants had “submitted to the temple of justice” and would not take any step that could jeopardise the fair hearing of the case.
The judge subsequently adjourned the matter until June 3 for hearing.(NAN)(www.nannews.ng)