Nigerian Communications Commission Allegedly Evades N4m Debt Payment

MICHAEL AKINOLA

A Magistrate Court sitting in Ogba, Lagos, had on 15th January, 2020, struck out a debt case against Nigerian Communications Commission, NCC, because the originating process of the suit failed to comply with the requirement of Section 97 of the Sheriffs and Civil Process Act.

However, in preliminary proceedings in the Court on why the defendant failed to file any defence, the counsel to NCC told the Court that the staff of NCC that handled the invoice has left the agency and thereby leaving no record of the transaction and all efforts to trace the transaction failed.

In a swift reaction, the counsel to Remark has filed the suit again by obtaining the written permission of the Court to issue and serve the originating processes outside Lagos. With this, NCC will need a better defence as Remark indicated that the evidence of the transaction; publications and authority to publish were well documented.

In the statement of claim against NCC obtained by P.M.EXPRESS, the claimant is asking for payment of four million four hundred and fifty-seven thousand, two hundred and sixty-one Naira eighty-two Kobo being cost of adverts placed in Nigerian Newspapers on behalf of the NCC as evidenced by the newspapers tear-sheet of the adverts endorsed by the National Library of Nigeria indicating that the advert was published and was in the archives of the Federal Government agency.

The claimant stated that after several visits and reconciliation with NCC, the agency still finds it difficult to pay for services rendered after over four years and that the failure to pay the media houses led to loss of revenue and credit line with the media. 

The Counsel to Remark further provided documents showing that the claim by his client was not fictitious. He said that the disturbing issue is how a regulatory agency of government, which claims world-class system, could not reconcile a small transaction well documented in the media.

To get the part of NCC, P.M.EXPRESS sought the attention of the Public Affairs Unit of the agency on the matter. The Head of the Public Affairs Unit, Mr. Henry, stated that he was not aware of the transaction as claimed by Remark and was also not in office when the said transaction took place. He said the firm, Remark, if authorised by NCC to carry out the assignment should have been issued a letter of award and authorization to publish.

With the claim by Remark and the response by the NCC’s Counsel, it is now left for the Court to decide when the matter comes up in Court on the new date fixed for hearing.