Legal Services

Legal Services Unit

The Legal Unit renders legal services to the Ministry and its Agencies. The Unit handles litigation, preparation of MOU’s, Agreements, Legal advice e.t.c.

Structure

The Unit is headed by a Director/Legal Adviser, two Assistant Legal Advisers and supporting staff

Recent Achievements

The following are some of the recent achievements of the Unit;

MOSTAPHA SULEIMAN & 35 ORS Vs. FMST

This case was instituted by 36 displaced junior staffs of the Ministry. They were all recruited in 2011, and when the Junior Staff Committee (JSC) met in line with Public Service Rules, found 36 not appointable to post which they were temporarily engaged, and were dismissed accordingly. However, based on our preliminary objection on the issue of statute barred, the court held in our favour and dismissed the case. Though, the Claimants have appealed the court judgment.

GOLDNORA Vs. FMST

This is a case of one of the unpaid contractors who executed contracts in 2008-2009 but have not been paid. The matter was struck out for lack of diligent prosecution. Plans are being made to pay the contractor in instalments.

NIG. INSTITUTE FOR SCIENCE & LABORATORY TECH (NISLT) CASES

VICTOGENUEL NIG.LTD Vs. NIG. INSTITUTE FOR SCIENCE & LABORATORY TECH (NISLT)

This case was instituted against NISLT at High Court, Abuja, by a contractor who alleges that she was not paid in full for contract awarded for building the agency’s office in Abuja. Based on our restless effort, the matter has been settled out of court.

BEULAH vs. SHETSCO & FMST

This case was instituted against SHETSCO, at Federal High Court, Abuja, over contract that was awarded and revoked. The aggrieved contractor claims that he has completed more than half of the job and should be paid the contract sum despite the revocation of the said contract. Based on our preliminary objection that the Ministry is not a juristic person that can sue or be sued, the court upheld our objection and dismissed the suit.

ANENE OSADEBE Vs. PROJECTS DEVELOPMENT AGENCY

This case was instituted against PRODA at National Industrial Court, Enugu. The court gave judgment in our favour and the plaintiff has gone on Appeal.

Furthermore, based on our legal advice, the under listed Contractors agreed to withdraw their cases in Court after the meeting held between the Permanent Secretary, Directors Procurement, Finance & Accounts and the Legal Adviser, whereby the Ministry promised to pay the debts owe them but instalmental on availability of funds. In view of the foregoing, the Ministry has started paying some of them. They are as follows:

  1. OSDAN WESMOLA NIG. LTD vs. FMST
  2. DON GLOBAL Vs. FMST
  3. CANA INVESTMENT LTD Vs. FMST
  4. FRANOB NIG LTD
  5. BLESSED UCHE COLLINS INT.
  6. JENENEYOUNG NIG ENT
  7. GLOBAL ROYAL
  8. PENGOZ VENTURES

 On-going Projects

 Cases still Pending in Court

FMST CASES

NBTI CASES

EDO CO-OPERATIVE  FEDERATION LTD vs. AG(FED) & 2 ORS

This case was instituted against one of the centre of National Board of Technology Incubation (NBTI), at High Court, Benin City, Edo State. The crux of the matter is that the land where the centre is situate allegedly belongs to the plaintiff. Consent judgement was given in favour of the plaintiff but we have been able to vacate the consent judgement and given leave to appeal against the judgement. Case is still at Court of Appeal. We have been reliably informed that the centre is however making plans to Settle Out of Court.

BROWNSON ABRAHAM & 2 ORS vs. ENGNR UDOBONG & 5 ORS

This case was instituted against one of the centre of National Board of Technology Incubation (NBTI), at Federal High Court, Uyo, Akwa Ibom State.. The crux of the matter is that some incubates who felt they ought to have been duly compensated after the empowerment training and were not, refused to vacate the spaces allocated to them and instituted this action. The case is still pending in court as plans are being made to settle out of Court.

NITR CASE

ALHAJI NUHU ALIYU & 15 ORS vs. AG (FED) & 6 ORS

This case was instituted against NITR at Federal High Court, Kaduna, over lands that were allocated to individuals on commercial basis. The plaintiffs’ alleges imminent demolition of their houses and filed for injunction to stop the demolition. The case is still pending in court.

 DANJUMA KUMBAK Vs. NIG. INSTITUTE FOR SCIENCE & LABORATORY TECH (NISLT)

This case was instituted against NISLT at Federal High Court, Abuja. The plaintiff is aggrieved that the Council’s election was irregular and wants the court to declare it null and void. Case is still pending in court.

NASENI CASES

MABEL UZOEGBO Vs. ELECTRONIC DEVELOPMENT INSTITUTE

This case was instituted against ELDI (a centre of NASENI) at National Industrial Court, Enugu. The plaintiff is aggrieved that she was wrongly rightsized. Case is still pending in court.

ENGR CHIMA MBACHU Vs. ELECTRONIC DEVELOPMENT INSTITUTE

This case was instituted against ELDI (a parastatal under this Ministry) at National Industrial Court, Enugu. The plaintiff is aggrieved that he was wrongly rightsized. Case is still pending in court.

 NACETEM CASE

YUSUF MOHAMMED V. NACETEM & 1 OR.

A former Director General of the Agency sued for remittance of alleged allowances not paid to him. We have filed a Preliminary Objection challenging the Jurisdiction of the Court because the action was instituted at Kaduna instead of Ile – Ife where the Agency is situate.

 PRODA CASES

AMBROSE NNAMANI Vs. PROJECTS DEVELOPMENT AGENCY:Aggrieved retired staff of PRODA sued the Agency that the staff quarters should not be sold. Case is still pending in Court.

SYLVESTER NWOKORO: One of PRODA retirees sued the Agency that the staff quarters should not be sold. Case is still pending in Court.

MADUEKE Vs. PROJECTS DEVELOPMENT AGENCY: A retired staff of PRODA alleges irregular computation of his severance benefits and sues the Agency. The case is still pending in Court.

HYACINTH CHIJIOKE Vs. PROJECTS DEVELOPMENT AGENCY: A retired staff of PRODA alleges irregular computation of his severance benefits and sues the Agency. The case is still pending in Court.

NOTAP CASE

SOIBI DEDE & NOTAP

A Director in NOTAP obtained a letter from Head of Service of the Federation that he is to be regarded as a research Director and ought to remain in office as same. Judgment was delivered to his favour. The Ministry is on Appeal on this case.

FIRMING OUT CASES & AGENCIES INVOLVED

AKURE EMDI UNDER NASENI

FOWOWE DAVID ADEROGBA Vs. FMST

This is a case instituted by a dismissed staff of EMDI (a centre under NASENI) who felt aggrieved and instituted this action. The case is still pending in Court.

NARICT CASE

SULE MACHIKA Vs. NATIONAL RESEARCH INSTITUTE FOR CHEMICAL TECHNOLOGY

This case was instituted against NARICT, at National Industrial Court, Abuja. The plaintiff is aggrieved that he was wrongly dismissed. We have written to the Director General to transfer the case to the Ministry’s legal unit as it cannot contract private legal representation without the Attorney General’s fiat to so do. Case is still pending in court. Up till this date, the Director General is yet to comply.

 NBBRI CASE

MRS AWOYEMI OLUWATOYIN Vs. NBBRI

CASES IN WHICH JUDGMENT HAS BEEN GIVEN WHICH THE MINISTRY HAS NOT FULLY PAID

 BLESSED UCHE Vs. FMST

This is a case of one of the unpaid contractors who executed contracts in 2008-2009 but have not been paid. Case is still pending in court. Plans are being made to pay the contractor in instalments.

ZENICK GLOBAL STAR LTD vs. FMST

This case was instituted by one of the unpaid contractors who was awarded contract in 2008-2009, executed same, but still remains unpaid. The court gave judgement in her favour on 21st May, 2012.

AMFES NIG.LTD Vs. FMST

This is a case of one of the unpaid contractors who executed contracts in 2008-2009 but have not been paid. We have filed Appeal in respect of this Judgment at the Court of Appeal as we are dissatisfied with the Judgment.

ADA HOLDINGS Vs. FMST

This is a case of one of the unpaid contractors who executed contracts in 2008-2009 but have not been paid. The court entered judgment in her favour, and we have started paying the Judgment Creditors

UNPAID CONTRACTORS NOT YET IN COURT

As regards the Contractors owed but not in Court, similar meeting was held with them. And the promise of payment as the Ministry is liquid with cash was made to them. The process is on- going.

 Head of Unit: Yvonne U. Odu-thomas (Mrs.) Barr.
Email: legal@scienceandtech.gov.ng

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