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By Ighomuaye Lucky, Benin
The Edo State High Court Benin yesterday adjourned until December 14, 2026, a suit seeking to enforce a N36.5 million arbitral award against the Edo State Government over the management of Ogba Zoo, following the government’s failure to file its response to the claimant’s court processes.
The suit, marked B/2070S/2002, was instituted by Everal Services Ltd, the franchise owner of Ogba Zoo, to enforce an arbitral award delivered in its favour on November 3, 2016, over the state’s alleged breach of a lease agreement for the management of the zoological facility.
The matter came up before Justice P. A. Akhihiero, but the government’s failure to file its response prompted another adjournment to enable it to put its defence in order.
Speaking with journalists after the sitting, counsel to Everal Services Ltd, Kingsley Obamogie (SAN), expressed concern over the government’s failure to respond to the processes duly served on it.
Obamogie said his client had been fair to the government by allowing it sufficient time to prepare its defence, adding that the legal team was ready to proceed if the government failed to respond before the next hearing.
“We have been fair to them. We are not taking them by surprise. They have been served, so if they don’t present their defence by that date, we proceed,” he said.
The Senior Advocate of Nigeria explained that the next hearing would provide an opportunity for the claimant to argue the substance of its case if the government failed to file its response.
“If, by December 14, they are not there, we will argue our matter. It is for us to argue the substance of what we have presented to the court,” he stated.
The dispute centres on an arbitral award of approximately N36.5 million granted to Everal Services Ltd on November 3, 2016, following arbitration over the state’s alleged breach of the lease agreement for the management of Ogba Zoo.
According to Obamogie, the award included monetary compensation for the company as well as directives aimed at protecting the future of Ogba Zoo, which he described as a valuable national asset to Edo State and Nigeria.
He said the arbitrator had also directed the state government to secure the facility by constructing a perimeter fence to prevent further encroachment by trespassers.
However, nearly a decade after the award was issued, the company is yet to secure its full implementation, including payment of the monetary award and compliance with the directives intended to protect the facility.
The development prompted Everal Services Ltd to approach the court to enforce the award.
Obamogie had previously attributed the prolonged delay in implementing the award to what he described as a lack of political will by the previous administration.
He also disclosed that both parties had explored an out-of-court settlement, but the negotiations failed, leaving the company with no option but to seek judicial enforcement.
“The award is binding on all the parties, and that is why we have approached the court for its enforcement,” he said.
The counsel also expressed concern over the government’s participation in the dispute, alleging that it had failed to actively participate in the arbitration proceedings before the sole arbitrator delivered the award in favour of Everal Services Ltd.
Despite the latest adjournment, Obamogie expressed optimism that the matter would eventually be resolved, maintaining that his client was ready to present its case before the court.
He stressed that the government had been given adequate notice and sufficient opportunity to respond, adding that the proceedings should move forward if it failed to utilise the additional time granted by the court.
The case was adjourned until December 14, 2026, for further proceedings, when the claimant is expected to argue its case if the government has still not filed its response.
