By Livinus Yakubu
Members of the Board of Trustees and Management of the prestigious Plateau Club 1921 are said to be in confusion following the enforcement of court judgment on on the Club on Thursday.
Members of the Enforcement Unit of the Plateau State High Court were seen carting away properties from the club including upholsteries, electrical appliances, refrigerators and many other properties. At the end of the exercise, no single furniture was left in the club. Staff of the club were seen groups discussing in low tones over the ugly development. Investigation by African Drum revealed that the enforcement was in fulfilment of a court judgment granted in favour of the judgment Creditor/Applicant (Hon Chris Hassan, a former cabinet member in the Plateau State Government and currently, the Chairman of the Peoples Democratic Party, PDP, Plateau State Chapter) in a matter between him and the registered Trustees of Plateau Club or Judgment Debtors/Respondents.
It is said that some years ago, Mr Hassan borrowed the sum of almost N7million to the club aside the monies he spent voluntarily and changed the face of the club while he was its President. However, all efforts to ensure that the said sum was refunded proved abortive prompting the creditor to sought legal action.
African Drum further learnt that when the creditor approached the court, the club posited that being also a member of the club, the matter could only be handled by an Arbitration in line with the bylaws of the Club.
Based on that, Arbitration was commenced, presided over by Hon Justice R. K Sha (Rtd) (Sole Arbitrator) in processs No: ARB/01/2018 at the Arbitral Tribunal, sitting at West of Mines Jos. It is also said that even when the Arbitration was ongoing, series of meetings were held between counsels for the creditor and counsels for Debtor when the latter promised to offset the debt but eventually failed.
The Arbitration in February, 2020 finally gave its Award against the Club to pay the sum of N6.29million.Again, it is said that all efforts to ensure that the club paid the money failed prompting the creditor to file an action at the Plateau State High Court.
We learnt that it was after the registration of the Award with the Registrar, Plateau State High Court for recognition and Enforcement and the process served on the Respondent around July, that the latter decided to send the sum N200,000 to the Applicant. Thereafter, nothing was heard of the debtors.
Eventually, the creditor was said to have no option than to move his application for Recognition and Enforcement and it was granted leading to the enforcement of the judgment today.
The judgment delivered by Justice S. P Gang in suit No. PLD/J309M/2020 stated that "upon the consideration of the motion on Notice dated and filed 24/07/2020 supported by 11 paragraph affidavit deposed to by P. E Atamewan as well as counsel written address praying the Honourable Court for the reliefs sought: And after hearing Gyang Zi Esq ( with R. A Bako Esq) the Counsel to the Judgment Creditor and S. T Panwal Esq for the Judgment Debtor/Respondent, who did not file any counter affidavit in opposition.It is hereby ordered as follows:
a) An Order granting leave to the Applicant to apply for recognition and Enforcement of Arbitral Award dated 28th day of February, 2020 delivered by Hon Justice R. K Sha.
b) An Order of this Hon. Court recognizing the Arbitral Award dated 28th February, 2020 delivered by Hon Justice R. A Sha (Rtd) (Sole Arbitrator) in process No. ARB /01/2018 at the Arbitral Tribunal, sitting at West of Mines, Jos, Plateau State as Judgment of this Hon. Court in favour of the Applicant.
c) An order of this Hon. Court enforcing the Arbitral Award dated 28th day of February, 2020 delivered by Hon Justice R. K Sha (Rtd) (Sole Arbitrator) in Process No. ARB /01/2018 at the Arbitral Tribunal sitting at West of Mines, Jos Plateau State as Judgment of this Hon Court in favour of the Applicant ".
Effort to speak to one of the members of the Board of Trustees, Mr Bueyen (who was present at the club during the Enforcement) proved abortive as he vehemently refused to speak to journalists on the matter.
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