Emmanuel Thomas l Friday, March 10, 2017
IKOYI, Lagos, Nigeria – A Federal High Court sitting in Ikoyi, Lagos has adjourned a suit by an American, Montia Rice, seeking to relist a suit in which he obtained judgment awarding him N6.6billion.
Monita Rice claimed he lost the money to fraudsters over a phantom project.
Justice Mojisola Olatoregun adjourned to enable parties determine if the name of United Bank for Africa Plc was struck out as the bank claimed.
The Monita Rice told court he obtained a judgment through Justice Dan Abutu on July 28, 2000 awarding him the sum.
Justice Abutu, according to him entered judgment in favour of Rice after the defendants, including alleged fraudster Fred Ajudua, Jude Okwudili, Dr Annuni, Sam Opara, Standard Trust Bank, Mamo Feda and Mr Wags Digiteme, failed to respond to the suit.
Rice said before the judgment by Justice Abutu could be enforced, the lawyer representing him in Nigeria, Anthony Okocha, died. Rice said he also fled the country after his life was threatened. Rice is praying the court to relist the suit into the general cause list to enable him enforce the judgment and recover his money.
But, Standard Trust Bank (now United Bank for Africa Plc), claimed that Justice Abutu had struck out its name from the action. The bank said its name should not be listed among defendants in the current bid to relist the suit.
Justice Olatoregun on Wednesday directed parties to have a formal meeting with the court’s legal officers to study the records and determine whether the bank’s name was indeed struck off.
The plaintiff’s counsel Tijani Ishola said it was the judgment against Ajudua that was set aside, and that his name was not struck off, so he was still a defendant.
“The case has an international dimension for the simple reason that a foreigner and his company were duped by some Nigerians and for them to engage the services of a lawyer simply means that he believes in our judicial system, and we hope the judiciary will not disappoint them. That’s our prayer,” he told reporters.
Rice is also praying for leave to apply for the issuance of a writ of execution of the judgment delivered by Justice Abutu. Justice Abutu entered judgment for the plaintiff against the defendants jointly and severally at $6,456,848.61 (about N1,969,331,933.39) as well as “interlocutory judgment” at $15,364,380 (about N4,686,119,498.58).
Rice, who runs a construction company, claimed he was allegedly approached by the defendants to execute a project in Nigeria.
After being convinced to finance the project, Rice said he transferred the funds from his Barclays Bank account to the defendants through the Standard Trust Bank, which was acquired by UBA. Upon discovering he had been duped, he sued the defendants, who did not enter appearance to defend the suit.
Rice, through Ayodele Akindele, who holds his power of attorney, in a supporting affidavit, said no further steps were taken since the judgment, adding that following the death of Rice’ former attorney, “there has been lack of communication.”
When Justice Olatoregun asked why the plaintiff was coming for the judgment’s enforcement 17 years after, Ishola said Rice unsuccessfully sought to enforce the judgment but ran for his life after he was threatened, adding that his lawyer also died “mysteriously” afterwards.
The plaintiff is also praying for an extension of time within which to apply to take steps in compliance with the judgment, and an order allowing Rice to take money. Justice Olatoregun adjourned till April 5.
