A Federal High Court in Abuja has fixed July 17 for judgment in a suit filed by a metering company, Ziklagsis Network Ltd, seeking to restrain the Federal Government of Nigeria, the Federal Ministry of Power, and four others from recovering a N39.1 billion mass metering contract sum.
The presiding judge, Justice James Omotosho, adjourned the matter on Wednesday after hearing submissions from all parties involved.
Ziklagsis had dragged the Federal Government, the Federal Ministry of Power, the Minister of Power, the Debt Management Office, Providus Bank Ltd, and De-Haryor Global Services Ltd to court over alleged interference with the mass metering project.
Earlier, counsel to Ziklagsis, Chief Wole Olanipekun (SAN), argued that it was contrary to Sections 28 and 169 of the Evidence Act, 2011, for parties that had agreed to a consent judgment delivered by Justice Nnamdi Dimgba of the Federal High Court to now seek to vary the terms of that judgment.
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Olanipekun described De-Haryor as “a meddlesome interloper” and “one crying more than the bereaved” in the matter.
In his objection to the originating summons and supporting affidavit, counsel to De-Haryor, Marcus Abu (Esq.), told the court that they had filed an application challenging the court’s jurisdiction, arguing that the suit ought to have been commenced by writ of summons, given its contentious nature—especially regarding reliefs 7, 8, and 9.
Abu noted that Ziklagsis had two draw-down letters: one for the Yola Disco and the other to fund N12 billion to De-Haryor for the execution of the metering project.
He claimed that while De-Haryor had successfully deployed smart meters to almost all military barracks listed in its contract—earning commendations from the Nigerian Army—Ziklagsis failed to deliver on its part of the project and also breached the amortization agreement for the repayment of the ₦39.1 billion loan.
He added that the Nigerian Army appointed De-Haryor to take over the smart metering project after Ziklagsis defaulted.
Abu further told the court that the ongoing issue of estimated billing affecting many Nigerian electricity consumers could be traced to Ziklagsis’ failure to deliver, and he urged the court to dismiss the suit with substantial costs.
Similarly, counsel representing the Federal Government and the Ministry of Power, I.J. Iyakwaira; the Debt Management Office, Paul Ogbu; and Providus Bank Ltd, Kehinde Daramola, all asked the court to dismiss Ziklagsis’ originating summons and uphold their counter affidavits.
In suit number FHC/ABJ/CS/576/2024, Ziklagsis argues that based on Articles 3, 4, 5, 6, 10, 18(i)-(iii), 24, and 29(ii) of the Judgment Compromise Agreement it entered into with the Federal Ministry of Power on August 28, 2017, the Ministry and the Federal Government lacked the authority to tamper with, confiscate, seize, withhold, divert, convert, or appropriate the sum of N39,171,985,233.95 granted to it for the supply and provision of electric meters across Nigeria.
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