Breach of contract: Coy sues Pension Fund Administrator for N20m



A company, Ideal Rach AUJ, on Thursday dragged a pension fund administrator, AXA Mansard Pensions Limited before an FCT High Court, Kwali demanding N20 million for alleged breach of contract.

The company, a limited liability company, in its claims before Justice Anna Akobi, prayed the court to compel the Pension Company to pay N19. 8 million.

The plaintiff claimed that the said amount was for general damages for breach of trust and negligence, while the balance of N116, 640 was the money the Pensions administrator received from it without consideration.

The claimant argued that it handles contracts for government agencies and must comply with the Bureau of Public Procurement mandatory regulation which mandated companies to be duly registered.

The plaintiff further stated that failure to obtain a PenCom compliance certificate disqualified it from getting contracts.

Ideal Rach AUJ Limited claimed that its representative, Christian Onyemaonwu, went to the respondents and paid N12, 960, being a month contributory employment for four staff members as assured by the respondents.

It further claimed that it was issued with Registration Certificate and based on the information by the respondents agreed to process the PenCom Compliance Certificate.

The claimant stated that after four months the respondents could not procure the said PenCom certificate so as to pre- qualify to bid for contracts.

The claimant stated that the company’s contract awarded by Federal Road Safety Corps dated Dec. 21, 2018 was withdrawn because of fake receipt issued them by the defendants.

The claimant stated that it was eventually issued the certificate of PenCom Compliance Certificate.

It stated that when its representative took the certificate to FRSC, the procurement officer was unable to log into the Bureau of Public Procurement portal to verify the certificate.

The company claimed that it was later informed that the certificate was fake.

The claimant stated that on closer examination, it discovered that the second teller issued to it for additional payment of N116, 640 had the same number with the teller for N12, 960.

They claimed that in its bid to obtain a genuine certificate, it paid another N116, 640 and it was eventually issued with a genuine PenCom Compliance Certificate.

The claimant stated that this led to enormous loss of earnings and missed economic opportunities.

Meanwhile, Justice Anna fixed Oct. 17 to hear the claimant’s amended statement of claims. (NAN)



edited by Dorcas Jonah/ Sadiya Hamza


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