High court fixed date for Mainstream Energy Solutions Ltd and it’s MD to take their plea, FHC transfers NSIRS Suit against Power companies to state HC.
By : Yahaya Zakka, Minna.
The Niger State High Court Two, Presided by Abdullahi Mika’ilu has fixed the eighth of July, 2024 for Mainstream Energy Solutions Limited and its Managing Director to take their pleas in a multi-billion Naira case Over grant rent owed the State.
The Complainant; Niger State Internal Revenue Service filed a criminal case Over the refusal of the Power Generating Company to pay the grant rent due to the State.
On the last adjourned date ,Counsel to the Complainant; Niger State Internal Revenue Service SAN,Aliyu lemu confirmed to the Court that personal Service has been effected to the first defendant Managing Director, Mainstream Energy Solutions Limited who was not in the court while the company was represented in court
Justice Abdullahi Mika’ilu however adjourned the case to the eighth of July, 2024 for the defendants, Mainstream Energy Solutions Limited and its Managing Director to take their pleas.
The case is the criminal aspect of the multi-billion Naira civil case against North-South Power Company Limited and Mainstream Energy Solutions Limited ongoing at the Federal High Court two Minna.
In the criminal case involving the North-South Power Company Limited and its Managing Director, Counsel to the Complainant; Niger State Internal Revenue Service told the Court that Counsel to the defendants has shown commitment to address the issues that necessitated the issuance of the bench warrant against his clients.
Justice Abdullahi Mika’ilu while adjourning the matter to the seventeenth of July this year for the defendants to take their pleas ruled that the bench warrant still subsists.
Similarly, the Court vindicated its earlier bench warrant issued against Stanbic IBTC Bank following the application of the defense Counsel and no objection submission from the Complainant’s Counsel
The Judge then adjourned the case to the Eighth of July, 2024 for the defendants to take their pleas.
Counsel to the complainant, Niger state Revenue Service, SAN Aliyu Lemu after the Court session said the Bench warrant issued to several defendants has made them to approach them before today’s sitting to inform that they are willing to engaged with us towards settling the issues that led to the filling of the criminal case against their clients.
According to SAN Aliyu Lemu Counsel to the complainant said the case borders on grant rents owr Niger state government about one hundred and twenty six billion naira.
He said the bench warrant issued to Shiroro, Directors of the company, their counsel SAN Ibrahim Isyaku had approached us for settlement of the case, according to him SAN lsyaku said as an indigen of the state, he have spoken to his client,that their is no need to proceed in the case of criminalin the Court,adding he has taken step for settling the amount that is involved.
SAN Aliyu Lemu mentioned that since they have agreed to engage with the organization on settlement of the amount involved, peaceful atmosphere is required, hence I have no objection for their request before the court.
In an interview with one of defense counsel, SAN Ibrahim Isyaku said as regards to his own client North, South power company iin the court ,Niger state Revenue Service requesting for the settlement of twenty one billion naira as grant rents, I was only briefed about two days ago and what I did was to ask for time to enable me start and if possible necessarily look for ways to settle the matter.
According to him the first defendant was not properly served and in law particularly in criminal matter once you are not served then obviously the case can’t go on, but in respect of the second defendant the company was served, ordinary somebody must come and represent the company.
According to Isyaku the last time the company has no representation and that is the reason bench warrant was issued and the warrant is still effective until I file to set it aside and that is what I intend to do today.
In another development ,Justice Abdullahi Mohammed Dan-Ige of the Federal High Court two sitting in Minna has ordered the transfer of the ground rents and hand charges suit of the Niger State Internal Revenue Service to the Niger State High Court.
The plaintiff filed dual cases against the two Power generating companies operating in the State over a multi-billion Naira ground rents and land charges due and outstanding for the period of 2017 to 2022
During the last court proceeding, Counsel to the first and second respondents; the Federal Ministry of Power and the Nigeria Electricity Liability Managemeent Company in the case involving the Shiroro Hydroelectric Power and the North-South Power Company Limited challenged the jurisdiction of the Court to hear and determined the case.
He argued that the Federal High Court lacked the jurisdiction to adjudicate cases regarding lands and rent issues.
On this adjourned date for ruling, Justice Abdullahi Mohammed Dan-Ige ruled in favor of the defense Counsel and ordered the transfer of the suit to the Niger State High Court.
A similar ruling was delivered in the case involving the Ka’inji Hydroelectric Power Company and the Mainstream Energy Solutions Limited.
