The enforcement battle over an arbitral award of ₦19.4 billion in favor of Hanson Dredging & Marine Services Ltd. has taken a new turn after the respondent, SANEF Creatives Ltd., appealed against the enforcement action and petitioned the Chief Judge of Lagos State to hear the case.
The action, which Hanson characterizes as a deliberate attempt to thwart justice, coincides with allegations of forum shopping and procedural abuse in the contentious legal battle over a dredging and reclamation contract that was terminated at the National Theatre in Lagos.
Hanson Dredging and SANEF, a company owned by the Central Bank of Nigeria’s (CBN) Bankers’ Committee, are at odds over the illegal termination of the dredging and reclamation contract, which is the root of the ongoing legal battle.
Signed in November 2021, the contract was canceled in May 2022 when SANEF insisted the 36-week period had passed, ignoring COVID-19-related delays and administrative roadblocks.
Then, in 2023, Hanson Dredging, represented by Dr. Charles Mekwunye, SAN, filed for arbitration and claimed that the CBN, then led by former Governor Godwin Emefiele, had illegally taken ₦4.2 billion in advance payments from of their account.
Sole Arbitrator Ayo Fanimokun ruled in a December 30, 2024, ruling that SANEF had breached the terms of the contract by ending it before Hanson had finished more than 60% of the work.
Hanson Dredging attempted to enforce the award through Suit No. LD/6707GCM/2023, which was recently transferred to Justice O. A. Sunmonu of the Lagos State High Court by the Chief Judge of Lagos State from Justice Olukolu, after the final arbitration proceedings awarded the company a judgment of ₦19.4 billion.
But through its attorney Paul Usoro & Co., SANEF filed two more lawsuits on the same topic: Suit No. LD/8056GCM/2024 and Suit No. LD/9221GCM/2025, the latter of which is presently pending before Justice Olukolu.
In order to transfer the enforcement suit from Justice Sunmonu and combine all three suits before Justice Olukolu, the law firm then petitioned Justice Kazeem Alogba, the Chief Judge of Lagos State. J.
Accusing Justice Sunmonu of judicial bias and procedural overreach, the firm has also submitted several petitions to the Chief Judge on the subject, including one dated May 26, 2025.
Despite a pending consolidation application, it asserted that the judge displayed “unrestrained ambition” to hear all relevant material.
Mr. Paul Usoro, SAN, the former president of the Nigerian Bar Association (NBA) and the attorney for SANEF, contended in the petition that Justice Sunmonu had violated Order 41 Rule 7(2) of the Lagos High Court (Civil Procedure) Rules, 2019, which gives the Chief Judge consolidation authority.
Furthermore, according to his petition, Justice Sunmonu demanded that the relevant case be moved to his court before Justice Olukolu.
Citing the possibility of a miscarriage of justice, it asked the Chief Judge to shift any suits pertaining to the case to either Justice Olukolu or another judge, barring Justice Sunmonu.
However, in response to the petition, Hanson Dredging dismissed the allegations as abusive, deceptive, and a risky attempt to intimidate the legal system through its lead attorney, Dr. Charles Mekwunye, SAN.
The petition dated May 26, 2025, was deemed “unprofessional and scandalous” by Dr. Mekwunye, who also stated that no judge should have to endure such public humiliation for carrying out their judicial duties.
Mekwunye pointed out that the petition was personally defended in open court by Paul Usoro SAN on 27 May 2025, an act he alleged was intended at arm-twisting the judiciary.
In addition, he pointed to the petition’s use of disparaging terms like “judicial tyranny” and “naked ambition” as blatant insults to Justice Sunmonu and the Lagos judiciary as a whole.
The filing of three distinct lawsuits over the same transaction and an attempt to use the chief judge’s elevated position to get around the enforcement processes were other issues that Dr. Mekwunye brought up, which he described as “abuse of court process.”
He claimed that even if SANEF wants to consolidate, its goal seems to be more forum shopping—finding a court that is more receptive—than judicial efficiency.
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Citing appellate precedents like Emperion v. Aflon and Ngere v. Okuruket, which maintain that consent from both parties is necessary for consolidation and that it should never be granted where it could cause procedural confusion or injustice, Dr. Mekwunye emphasized that consolidation cannot be imposed unilaterally.
Additionally, he criticized Mr. Usoro’s portrayal of the court’s proceedings from April 17, 2025, claiming that the decision only allowed SANEF to reply to Hanson’s request to enforce the arbitral award.
Hanson Dredging’s application to enforce its Arbitral Award and SANEF’s preliminary objection were the two motions planned for the April 17, 2025 hearing before Justice Sunmonu, according to Mekwunye.
He claimed that Usoro asked for an adjournment while the Chief Judge considered his petitions and told the court that a fresh suit had been brought to overturn the verdict.
Mekwunye declared his opposition to the action, calling the new lawsuit a flagrant misuse of the legal system and claiming that a letter to the Chief Judge does not serve as a stay of proceedings or provide an excuse for postponing a legitimate enforcement petition.
According to him, Usoro then filed a flurry of petitions and applications, one of which even claimed that he had tampered with court documents. This is a severe charge that should be handled independently and not be used to halt ongoing processes, he said.
Mekwunye also charged that the SANEF’s attorney was making a deliberate effort to influence the court assignment system by attempting to require that Justice Olukolu hear all lawsuits.
In his letter of response, Mekwunye stated that “no litigant has the right to choose which judge hears their case.” The guidelines are clear: the Chief Judge alone has the authority to appoint judges, and any attempt to interfere with that process would be an assault on the judiciary as a whole.
“We therefore 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 the process of the court by filing several suits in respect of the said matter, nominating the particular judge to hear these various suits along the way insulting and humiliating judges and denigrating the judiciary under your watch,” Mekwunye said, urging the Chief Judge to disregard SANEF’s petition.
