The Federal High Court in Abuja has advised Dantata & Sawoe Construction Company Limited to be “serious” about the $1.4 million terms of a settlement agreement regarding an alleged $1,257,592.83 debt owed to Zutari Consulting Nigeria Ltd, following subcontract work on the Dangote Fertilizer Plant project in Lekki, Lagos, Nigeria.
Justice Mohammed Umar gave this advice on Monday after the matter was called.
Nairametrics previously reported that Zutari Consulting had sued Dantata & Sawoe over issues concerning the alleged $1,257,592.83 debt.
As of September 2024, Nairametrics reported that the court had granted the parties a 30-day extension for settlement, while adjourning the matter several times to hear Zutari Consulting’s motion seeking the court’s appointment of a provisional liquidator for Dantata & Sawoe Construction Company Nigeria Limited over the alleged debt.
Legal Claims
The court, presided over by Justice Inyang Ekwo, had previously approved the placement of a winding-up petition advertisement against Dantata & Sawoe in a motion on notice filed by Zutari Consulting Nigeria Ltd (the petitioner) in Suit No: FHC/ABJ/PET/3/2023.
The petitioner is engaged in engineering design, consulting, and supervision of engineering works.
Dantata & Sawoe is a leading general construction company in Nigeria with over 40 years of experience.
The petitioner had stated that arbitration over the matter was held in London, United Kingdom, and a final arbitral award was issued by the arbitration tribunal on April 7, 2021, finding that Dantata & Sawoe was liable to the applicant for the stated debt.
However, in a notice of preliminary objection filed on May 9, 2023, Dantata’s legal team urged the court to strike out the petition for lack of jurisdiction, informing the court that an appeal had been entered amid ongoing settlement talks.
What Transpired in Court
At the resumed court session on Monday, Zutari Consulting’s lawyer, Chris Ekemezie, informed the judge that the respondent’s legal team (Dantata & Sawoe) had approached him with an offer to advise “the Respondent to look for a property to sell to realize the money.”
- He added that this same offer has been on the table for two and a half years, without any progress.
- Counsel for Dantata & Sawoe, I. I. Okim, Esq., expressed embarrassment at the petitioner’s remarks in open court:
“I am thoroughly embarrassed for Counsel to disclose a discussion I had with him privately in open court.”
“I had a chat with my learned friend privately, that I would advise my client, rather than going through the embarrassment, to look for a property and sell. We discussed privately,” Okim responded.
- Responding to the lawyers, Justice Umar advised Dantata’s legal team on the need to be serious about paying the judgment debt.
- The judge highlighted that the value of the money involved in the debt is being lost day in and day out, adding, “The earlier you settle with them, the better.”
“The Court always encourages settlement. If you can settle out of court, there is no need for us to be here.
“Whatever was done two or three years ago, I do not think I am part of it. If there is anything we can do while I am on this bench, let us see that the Respondent (Dantata) is serious about it.
“If you are serious about it, we will take a date and you can go and try to see that these people are paid,” the judge told Okim.
The court again adjourned the matter to 22nd September 2025 for a Report of Settlement/Hearing.
What You Should Know
Nairametrics gathered that an appeal on the matter is pending at the Court of Appeal.
Additionally, Nairametrics reports that the Federal High Court has jurisdiction over transactions involving both parties.
The court will examine the legal position in determining the final outcome of the case.
