By Henry Ojelu
The enforcement of a 19.4 billion arbitral award in favour of Hanson Dredging & Marine Services Ltd. has taken a fresh turn, as SANEF Creatives Ltd., the respondent in the arbitration, has taken steps to halt its proceedings through legal actions and petitions to the Chief Judge of Lagos State.
The dispute stems from a dredging and reclamation contract awarded to Hanson Dredging by SANEF , a company backed by the Bankers’ Committee of the Central Bank of Nigeria (CBN) in November 2021.
The contract, which was part of the redevelopment project at the National Theatre, Lagos, was abruptly terminated in May 2022, with SANEF alleging amongst other things that the agreed 36-week execution period had lapsed.
Hanson, however, maintains that the delays were caused by pandemic-related disruptions and bureaucratic hurdles beyond its control.
In 2023, the firm, represented by senior lawyer Dr. Charles Mekwunye, SAN, initiated arbitration, accusing SANEF and the CBN under the leadership of former Governor Godwin Emefiele of unlawfully debiting ₦4.2 billion in advance payments from its account.
On December 30, 2024, Sole Arbitrator Ayo Fanimokun ruled in Hanson’s favour, awarding ₦19.4 billion in damages and holding that SANEF had wrongfully terminated the contract despite over 60% of the work being completed.
Hanson subsequently filed Suit No. LD/6707GCM/2023 at the Lagos State High Court to enforce the award. The matter, initially before Justice Olukolu, was reassigned by the Chief Judge, Justice Kazeem Alogba, to Justice O.A. Sunmonu.
However, SANEF, through its legal team led by Paul Usoro & Co., filed two additional suits on the matter and petitioned the Chief Judge to consolidate all three cases before Justice Olukolu.
In a petition dated May 26, 2025, SANEF accused Justice Sunmonu of judicial bias and overreach, claiming the judge demonstrated “unrestrained ambition” to preside over all related matters despite a pending consolidation request.
Citing Order 41 Rule 7(2) of the Lagos High Court Civil Procedure Rules, 2019, SANEF’s lead counsel, Mr. Paul Usoro, SAN — a former President of the Nigerian Bar Association — argued that only the Chief Judge has authority to order consolidation of suits.
The petition alleged that Justice Sunmonu had insisted the other related case before Justice Olukolu be reassigned to him, a move SANEF claims undermines due process.
In response, Hanson Dredging, through Dr. Mekwunye, sharply criticized the petition, describing it as “misleading, abusive, and a dangerous attempt to browbeat the judiciary.”
Mekwunye condemned the language used in the petition — including phrases such as “naked ambition” and “judicial tyranny” — as disrespectful to the court.
Dr. Mekwunye further accused SANEF of engaging in “forum shopping” and abusing the judicial process by filing multiple suits on the same issue.
He warned that SANEF’s attempts to direct which judge should hear the matter amounted to interference with judicial independence.
He also challenged SANEF’s claim that Justice Sunmonu was acting improperly, explaining that the April 17, 2025, proceedings merely allowed SANEF to respond to Hanson’s enforcement application, alongside a pending preliminary objection.
Mekwunye revealed that SANEF’s counsel, Mr. Usoro, had asked for adjournment on grounds of a fresh suit and the pending petition, despite the fact that letters to the Chief Judge do not constitute a stay of proceedings.
He accused SANEF of filing a “flurry of frivolous applications and petitions,” including one alleging tampering with court records — a serious claim that he argued should be handled separately.
“The attempt to manipulate court assignments by nominating a preferred judge to hear its suits is not only unethical, it strikes at the heart of judicial impartiality,” Mekwunye warned.
He called on the Chief Judge to dismiss SANEF’s petition and uphold the integrity of the judiciary:
“No litigant has the right to dictate the judge who hears their case. Judicial assignment is the exclusive prerogative of the Chief Judge, and any effort to influence that process is an attack on the judiciary itself,” Mekwunye said.
He also urged the Chief Judge to resist pressure from SANEF’s legal team: “We appeal to his Lordship not to lend the weight of your exalted office to a law firm which is behaving as a law unto itself, grossly abusing court process, nominating judges, and insulting the very judiciary under your watch.”
Source; Vanguard News
