By Mike Jones
EFFURUN/Nigeria: A Port Harcourt based businessman, Mr Samson Idighere is demanding that justice be done, as a case entered in his favour by a Rivers State High Court, and Affirmed by an Appeal Court also in Rivers State is being disobeyed by the High Court in Delta state, at the point of execution of the judgement.
Narrating his ordeal in the premises of the Delta State High Court, Effurun, Mr. Idighere said a contract agreement entered between his company, FORCEROCKS TOOLS LIMITED and BILLAG RESOURCES LIMITED was not met by the later.
According to him, an agreement was entered between his company, FORCEROCKS TOOLS LIMITED and BILLAG RESOURCES LIMITED in 2009, to hire a Drilling Rig from his company, with the understanding to making payment of certain amount, but BILLAG RESOURCES LIMITED reneged in the agreement as she failed to make payment of the outstanding debts, and equally failed to return the Drilling Rig to FORCEROCKS TOOL LIMITED.
The failure of BILLAG RESOUCES LIMITED to make payments and return the drilling rig necessitated a legal action instituted at a Rivers State High Court sitting in Port Harcourt, in 2011, with Reference number: PHC/256/2011, to recover the debts and cost of the lost Drilling Rig.
The case which was presided over by now retired Justice Orhurhie, delivered a judgement in favour of FORCEROCKS TOOLS LIMITED at a tune of N121, 522, 700.00 to cover the debts and the Drilling Rig which was not returned by the defendant.
The High Court ruling did not however go down well with BILLAG RESOURCES LIMITED, thus they appealed the case at the Appeal Court in Port Harcourt, which without excuse abandoned, this lead the appellate court to affirmed the initial ruling of the lower court, and gave order for the judgement to be executed at Effurun, Delta State, where the defendant, BILLAG RESOURCES LIMITED, has its business address.
But a twist of forces, which Mr Idighere is accusing the Delta State judiciary for standing brief for the defendant, as they failed to execute the judgement, after acknowledging the reception of the Port Harcourt judgement, with reference letter, EHC/RJ/1/2016.
The Managing Director is accusing the Assistant Director, Mr Nwakobia, at the Effurun High Court of Colluding with BILLAG RESOURCES LIMITED to thwart the execution of the court order, as he the Director ordered the court bailiff at the point of execution to come back to the office on the 3 August, 2017.
Mr Idighere said the action of the Deputy Director is an act of interference in the process of judiciary, and demanding that the Delta State Judiciary carry out the Judgement of the Appeal Court to recover the losses incurred by FORCEROCKS TOOLS LIMITED.
Reacting to the allegation of judicial interference in the execution of the judgement, the Deputy Director, Mr. Nwaokobia denied the allegation of judicial interference.
According to him, the order of the Port Harcourt Court was to execute the ruling at the premises of the company and not in a private resident.
Mr. Nwakobia said that the court officials were taking to a private resident, which in the first place has no relationship with the case, and as such the execution order could not be carried out.
