Citing Absence of Defence, Consortium Asks Court to Enter Judgement against GreenArps 

NATIONAL STADIUM CONCESSION 

Alex Enumah  in Abuja 

A Technical Consortium to Messrs GreenArps Project Limited on the concession of the National Stadium in Lagos, has asked a High Court to enter judgement against GreenArps, following the failure of the firm to file a defence in the fee default suit before the court.

Counsel to the claimant, Mr Austin Otah made the request on Wednesday, shortly after the court entertained the Preliminary Objection filed by the defendant challenging the jurisdiction of the court to hear the suit.

The claimant, Raji Rasaq Adeshina had sued GreenArps Project Ltd on behalf of himself and other technical partners that helped the defendant to bid and win the concession of the National Stadium, Lagos, in 2023.

In the suit marked: CV/57/2025, and filed on January 10, 2025, the claimant is seeking an order of court directing the defendant to pay its remaining balance of N50 million as well as the interest that has accrued since 2023.

GreenArps Project Limited is a company owned and managed by Business Mogul, Kessington Adebukuola Adebutu, popularly known as ‘Baba Ijebu. The company is alleged to have defaulted in the full payment of negotiated fees and further services rendered by a Technical Consortium which directly led to the company’s successful concession bid for the National Stadium in Lagos in November 2023. 

When the matter was called on Wednesday, claimant’s lawyer informed the court that the business of the day was the Preliminary Objection filed by the defendant.

Adopting the motion marked: M/2742/2025, defendant’s lawyer, Oluwatoyin Ihunmakalu, stated that the PO was based on the grounds that the Writ of Summons was incompetent, since it was neither signed by the claimant or his lawyer.

Ihunmakalu accordingly asked the court to strike out the suit on the grounds that the court cannot entertain an incompetent suit.

Responding, Otah who argued that contrary to the claim of the defendant, the writ was signed by him with his original stamp and seal affixed on the documents with the court, accused the defendant of delaying trial with the preliminary objection motion.

“This case is a debt recovery case” Otah said, “They have not offered any defense, they are only delaying the trial”.

Reacting, trial judge, Justice Abdulraman Usman asked the defence if it has not filed a counter affidavit to the claim of the claimant, Ihunmakalu stated that the defendant was yet to file because the court lacked jurisdiction to entertain the suit.

But Justice Usman clarified that the court cannot rule only on the PO, adding that ruling would be delivered alongside judgement in the main suit.

Taking the hint from the court, the defense lawyer indicated willingness to file response to the suit, but Otah objected stressing that the defendant had 30 days but refused to do anything, “they slept on their rights”.

Besides, Otah drew the court’s attention to an affidavit before the court, seeking the transfer of the case to the “Undefended List” since the defendant did not file any defense within the time allowed by law.t

“We should be allowed to adopt our processes and be given judgement”, he said.

But Ihunmakalu objected, pointing out that a Certified True Copy (CTC) of the court documents obtained from the registrar showed that there was no such affidavit to warrant that the case be placed on the undefended list.

Reacting, Otah argued that since the case was already on the “Fast track Procedure”, the court should still go ahead to hear the matter and deliver its judgement since the defendant did not file any defense.q

However, Justice Usman stated that the court cannot grant the request of the claimant without sighting the affidavit for transfer of the case to the undefended list.

He directed the claimant to forward a copy and asked the defendant to also file its defence and adjourned the matter till March 19.

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