By Ike Uchechukwu – Calabar
High Court sitting in Calabar, has Subpoenaed (summon) the Chief Medical Director, CMD, of University of Calabar Teaching Hospital UCTH, Prof Ikpeme Ikpeme to appear before High Court 11, on December 15, 2021 to explain the N68m contract debt which the hospital management owes contractor,Obi Achara Nigeria Ltd.
In suit No. HC/316/2020 between Obi Achara Nig.Ltd & UCTH management Board, the court ordered the CMD to appear before court it (11) on 15 December to provide information regarding the contract.
In a letter dated November 16,2021, titled Subpoena Ad Testificandum/Dices Tecum Brought Pursuant To Order 31,Rule 21 of The High Court Of Cross River State(Civil procedures) Rules, 2008,signed by Justice Angela Obi, and addressed to chief medical director of University of Calabar Teaching Hospital,Prof. Ikpeme Ikpeme, charged the UCTH CMD to appear before court 11 on the date stated above.
Part of the clauses in the letter reads,”You are commanded in the name of the Cross River State governor to attend before the High Court 11 at Calabar,on Wednesday, on the 15 day of November 2021 at the hours of 9’Oclock in the afternoon.
“And so from day to day until the above cause is tried, to give evidence on behalf of the claimant and also to bring with you and produce at the same time and place aforesaid documents.
“Letter for award of contracts for the construction for emerging pathogens research and management dated November 15,2016 and letter from Obi Achara Nigeria Ltd dated January 3,2020”. The court letter concluded.
Earlier on Monday in High court 11, during the proceeding, before adjournment of the matter to December 15,2021, counsel to defendants, Dafe Diegbe and Co prayed the court to find merit in his argument and strike out the case.
While on the contrary, counsel to the Claimant, Mba Ukweni, SAN, prayed the court not to strike out the case.
He said justice will not be served if the court grants the defendants motion.
Ukweni argued that if anything constitutes an abuse of court process is the defendants motion before this court.
He maintained that asking the court to strike out the case is an indirect way of calling for a review of the decision in Suit No. HC/104/2020 which is a court of coordinate jurisdiction.
After listening to both arguments, the presiding Judge, Justice Angela Obi adjourned till December 15, 2021 for the ruling.