NAFDAC Under Fire For Owing Group Of Contractors Over N4 .5 Million For Agulu Zonal Laboratory , Petitions Federal Government , NAFDAC DG

            

Anambra state High Court Awka presided over by Hon Justice Emembolu has adjourned hearing on a case involving a group of contractors led by Sunnik Holding ltd and the National Agency For Food, Drugs Administartion and Control (NAFDAC).

NAFDAC is owing them several millions of naira for the construction of various buildings at the Agulu Zonal Labortaory of NAFDAC located at Agulu, Anaocha local government area Anambra state but were unpaid since 2009 making some of them to head to court including  Sunnik Holdings Ltd, a house construction company being owed over four point five milion naira, (4.5 M).

Justice Emembolu after listening to the NAFDAC’s lawyer of his ill health asked him to take a date in the future and he chose November 6^th and 7^th ,2014 which was opposed by the Sunnik Holdings Limited lawyer but Ho Justice Emembolu demanded for understanding of the applicant on the date which he accepted .

The Defendant, Barr. E.C Anyanwu wrote to the court that he would not be coming on Monday July 7, 2014 sequel to ill-healthy, and it was postponed to July 9, 2014 during which he came but further apportioned another excuse to truncate the court proceeding as well.

On her parts, Barr. Dorathy .A Umego of Ejim Chamber, who is representing the plaintiff, while reiterating her determination to fight for the case till end, alleged that Nafdac and its defendant lawyer, Barr. E.C Anyanwu were deliberately shying away from the case for lack of evidence or in order to frustrate them out from court.

 Umego who said her irritation was that the agency claims that it had never set eyes on Sunnik Holdings Company.

“The most annoying part of it is that they are now claiming that they had no knowledge of these constructors who foresaw the projects. If there is any iota of truth in this lie, they should have charged them to court of competent jurisdiction before now after all, is a case between a federal government and private individuals. What is the basis for this lie? Nafdac and it lawyer should come and defend itself with relevant evidence at their disposal if any and settle my client rather to be playing hide and seek game. If not, I may be moved to take further necessary action,” she said.

The defendant, Barr. E.C Anyanwu refused to give audience to our reporter when his view was sought over the lingering case and why should NAFDAC owe Prof Dora Akunyili’s kinsmen for working in the Laboratory.

Meanwhiwle in  various petitions by Association of NAFDAC service providers of which Sunnik Holdings is one since 2009 to the federal Government through the Director General of NAFDAC, Dr Paul Orhii appealing for intervention was not attended by. The petition was signed by ENGR Lazarus Enemuo and Secretary, Mr Sunday Nkala.

They lameneted thatNAFDAC and its offiucials had been avoiding court  by to explain to court reasons it is yet to pay them the sum monies.

The petition read in entitled , “RE-APPEAL FOR YOUR INTERVENTION BY ASSOCIATION OF NAFDAC SERVICE PROVIDERS, AGULU” to Nafdac Director General Wuse Zone 7, Abuja on March 16^th and 4^th June, 2010, also copied to Director of Laboratory Services (Nafdac), SA. DG. Abuja and Consultant-Tical Nigeria Limited.

And another letter tagged  “APPEAL FOR YOUR INTERVENTION”, under auspices of ASSOCIATION of NAFDAC SERVICE PROVIDERS on 16^th March, 2010 with an address “c/o Enemuo Associates LTD, Ezinano Junction, Agulu, Anaocha Local Government area” to the Director General of Nafdac, Wuse Zone 7, Abuja further explains the situation tus;

 “The above named association is the umbrella of registered services providers for Agulu Nafdac office, one of whose aim is to see that members follow approved standard in project execution and foster peaceful co-existence amongst them and the agency.”

“Many of us came on board as services providers for Nafdac at the inception of construction of Agulu project. Since then, we have satisfactorily executed many projects for the Agency culminating in the existing cordial relationship between the two.”

“Towards the end of the tenure of the immediate past administration, a task force, headed by the then head of laboratory services, Mr. Ogbonna, was constituted with a mandate to work with the Chief Engineer and the Consultant and see that the project is completed within a specified period.”

“During this period there used to be weekly meetings, in which, some respective contractors mentioned below were given specific outstanding jobs to execute in principles with the assurance of providing them with approved order letters. This was the time task force were inaugurated with the mandate of commissioning the new Agulu Nafdac laboratory by second week in October 2008.”

“The underlisted jobs and affected contractors names are: Messrs Enemou Associates Ltd; plastering of breakages at the main building and redressing of all staircase stepa to the first floor of the laboratory. All these incurred cost on material and labour which required to be valued by the Nafdac Engineer and paid for.”

“At the inception of your administration, you visited the zonal laboratory Agulu and after inspecting the state of jobs outstanding, a promise was issued to effect a speedy completion of the project. The project review meeting was held on 19^th March 2009 and was attended by your Special Assistant (Dr. James), Chief Engineer Uchenabo Cosmos and the Consultant for proper assessment”

“Dr. James gave us this jobs in principles and promised us that the Chief Engineer will come to Abuja with the quotation for approval. The following projects were initiated and list of contractors attached; skirting the walls round the floors of the laboratory-Messrs Sunnik Holdings Ltd; Construction of temporary microbiology laboratory portion of sterile room, incubation and media preparation room-Messrs A.K Jukas Industries Ltd; Rewashing of the floor of the main building and polishing same-Enemuo Associates Ltd; and Amendments of the ducts at all the labs-Enemuo Associates Ltd.”

“At another project review meeting of 8^th April 2009, the following projects were also initiated: Repair of aluminum doors and windows at the laboratory buildings and store annexes-Messrs Sunnik Holdings Ltd; Supply and installation of anti-panic door in the non-typical laboratories-Messrs Sesemek Engineering Ltd.”

“These jobs have almost been completed but none of the contractor has received a dime. We are making a passionate appeal to you to use your good office to intervene on our behalf by giving approval so that these works will be dully processed and our payment effected as we continue to serve Nafdac for the better. We believe in you and your ability to turn things around.” 

But in a separate petition Sunnik Holdings said NAFDAC is owing him N 4,490,272.50 being the cost of laboratory constructed for the agency at its Southeast Zonal Office, Agulu, Anaocha Council Area of Anambra State.

Mr. Sunday Nkala and other Directors of Sunnik Holdings dragged NAFDAC to Anambra State High Court, Awka since 2012 but constant postponement of court sittings has left it with no positive result yet.

According to Mr. Nkala, around March 2009, one Dr. James, Senior Assistant (S.A) to Director General of NAFDAC contacted them to construct a laboratory in the agency’s zonal office at the cost of 4,490,272.50 naira which they did completed early 2010 before it was eventually commissioned at the same year.

However, he said that trouble started when they demanded for their payment as Dr. James directed the company to write a letter to the agency which they did wrote but instead of attending to it, James alleged that the company have indicted him.

His words , “He said we have indicted him. He said we should have written the name of Director General or Engineer. And because of it, he would neither pay nor fast-track the payment procedures. As a result, we took Nafdac to Anambra state Judiciary High Court, Awka in 2012. However, it has been counter order as their official and lawyers often apportion different kinds of excuses to influence Judge to postpone and reschedule date to deliberate on the matter.

Mr. Nkala, therefore, appealed to right activists, international communities, government and other relevant agencies to assists his company in recovering the money from Nafdac because people they borrowed money for completion of the projects were at their necks.