An Arbitration Tribunal, headed by Miriam Kombo-Ezeh, has directed former Senator Tokunbo Afikuyomi to vacate a property he occupies in the Maitama area of Abuja.
The tribunal also directed the former senator to pay the sum of N11 million being profit for the period he occupied the property without taking a new term of lease.
Afikuyomi was also asked to refund all the arbitration fees he failed to pay at the tribunal in his unsuccessful attempts to frustrate the timely determination of the matter at the tribunal.
However, Afikuyomi, through his lawyer, Seun Awoladi, has filed a suit before the Federal Capital Territory (FCT) High Court in the Jabi area of Abuja, presided over by Justice Babangida Hassan, for non-recognition of the arbitral awards.
The property owner, one Prince Samsom Ataiyero, through his counsel, M.I. Harrison and Christian Moleke, joined issues with Afikuyomi, praying the court for registration and recognition of the arbitral awards.
When the matter came up for hearing on Monday, September 23, 2024, the court granted the oral application by Ataiyero’s lawyer to withdraw a motion on notice for consolidation marked M/11059/2024 because it had been spent since their substantive application marked M11024/2024 was now properly before the court.
Afikuyomi’s counsel told the court that they were not objecting to the withdrawal of the motion on notice and that they would not be asking for cost.
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Justice Hassan, in a ruling, said the application was granted and the motion was deemed withdrawn.
Ataiyero’s lawyer said their application was seeking recognition for the purpose of enforcement of the arbitral awards by the FCT Multi-door Courthouse on June 21, 2024, stating that all their prayers were contained on the face of the motion paper.
But Afikuyomi’s lawyer interjected, saying the substantive suit was to set aside the arbitral awards and not a motion to enforce.
Justice Hassan resolved the issue of first in service in favour of Afikuyomi since Ataiyero’s substantive suit before the court was dated July 9, 2024.
Atayeiro’s counsel said: “We do not have any problem with that as long as both suits are before your lordship.”
Afikuyomi’s counsel asked the court for a short adjournment of two weeks to enable both parties to resolve the matter out of court, saying otherwise they would proceed with the matter.
Ataiyero’s lawyer urged the court to adopt their processes first and thereafter the other party could do whatever they wanted.
But after much plea by Afikuyomi’s lawyer and Justice Hassan’s intervention, urging Ataiyero’s counsel to agree to the out-of-court settlement overture, Ataiyero’s counsel agreed and the matter was adjourned until October 16, 2024.
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