Lexy Nigeria Limited has dragged
the Nigerian Navy before the National Human Rights Commission on allegation of violation
of its rights.
Lexy in a 5-page petition, dated September 9, alleged that the
Navy failed to respect an agreement entered with the company for the
development of the Navy Town Estate., Asokoro, Abuja.
Signed by Leye Adetipe, managing director of the company, the petition stated
that May 19, 2015, Lexy entered into an agreement with the Naval Building and
Construction Company Limited to develop the estate.
It said, “This is to cover a total area of 95 hectare after a
Board Resolution of the Nigerian Navy Holdings Limited was passed to this
effect on the 6th of May, 2015, authorizing the joint venture agreement.”
The petition also alleged that at the time of the agreement, the
present Chief of Naval Staff, Vice Admiral Ibok Ete Ibas was the Group Managing
Director of the Navy Holdings Limited.
“He was satisfied with the agreement before it was signed by
both parties“.
The company claimed that a power of attorney was executed by the parties
pursuant to the actualization of the agreement wherein the Naval Building and
Construction Company donated some power to the company.
The company also claimed that the Nigerian Navy violated
Articles 6, 7, 8 and 9 of the agreement.
It said, “Article 7 provides that all proceeds of sale of the
housing units and developments shall be paid into a special purpose account to
be opened and operated by both parties.
“No party shall withdraw from the said account without the
consent of the other.”
The company further claimed that the Nigerian Navy Holdings
thereafter passed a board resolution to this effect and Access Bank Plc., was
named as the bank where the joint venture account would be opened.
“However, contrary to the resolution in Article 7 the Nigerian
Navy opened an account with another bank.”
Article 8 placed an obligation on the Naval Building and
Construction to deliver the title document to Levy Nigeria Limited while
article 9 provided that Levy shall select and engage contractors, among others.
The company claimed that contrary to this, a company brought by
Levy was used to replace the petitioner .
It said, “They are doing their best to illegally eject my
company and others engaged by my company as armed naval personnel invaded the
project site on Feb. 19 beat up a lot of staff and chased us out.”
Levy further claimed that on March 29 a letter was written to
the Managing Director of the Naval Building and Construction, Navy Commodore
Abdul Adamu and the Chief of Naval Staff was copied.
The petitioner said that it pointed out the breaches committed
by the Naval Building and Construction and called for a meeting which was
ignored.
The company prayed the commission to look into the issues and if
found to be right award N10 billion as damages to the petitioner.
It urged the commission to restrain Naval Holdings from
tampering with the members of the company and ensure that both parties comply
with the agreed agreement.
The company pleads with the commission to direct that there
should be no self-help in the implementation of the agreement voluntarily
entered by both parties.
It further urged the commission to investigate the illegal
construction work going on at the project site.
Responding, the NHRC Executive Secretary, Prof. Bem Angwe,
commended the company for taking this step instead of taking laws into its
hands.
He said, “The commission will study the petition and give the
other parties fair hearing.
“The commission will engage all the departments involved to have
a thorough investigations into the matter after which we shall look into your
prayers.”
The Monitoring Department of the Commission was refused access
into the project site when it went on the spot assessment after the petition
was lodged.
The Director Monitoring Unit, Mr Tony Ojukwu, said “We were
denied access to the place; we will draw the attentions of the Navy and its
management because they may not have known this aspect of our mandate.
“What the commission is doing is to mediate.”
Source: NAN
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