PLATEAU: THE SAMUEL BATURE’S ALLEGED LIBELIOUS CASE AND PSSH AGREEMENT WITH FORESIGHT DIAGNOSTIC: MATTERS ARISING---AN INVESTIGATIVE REPORT (2)

By: Amb. Valentine Adese (JP),

The Agreement of the Plateau State Specialist Hospital (PSSH) Jos, which gave rights to Foresight Diagnostic and Medical Service, to set up systems for the operation of the Radiology Department including system in respect of inventory management, customer services, financial accounting, record keeping and management information services (MIS), is beginning to receive challenges as some citizens, Top politicians, and workers in the Project facility, may soon be heading to Court to challenge the “Concession Fee” charged in the agreement. REALITY investigation can authoritatively state.

Secondly, REALITY gathered that some Plateau people are already in talks with some Lawyers to prepare Legal Processes to enable them gain access and be joined in the ongoing case in the Plateau State High Court, between, “The People of Plateau State vs. Samuel Batur".

You would recall that Mr. Samuel, a Facebook user has been accused of allegedly publishing a Libelous report against the Plateau State Governor, Barr. Caleb Mutfang and his administration in his Facebook page.

REALITY gathered that the provision in the Agreement that the Concessionaire (Foresight Diagnostic) would be paying the Plateaus State Government (PLSG) a Concession Fee of 20% monthly, is not clear to them.

You would recall that the Project Agreement states as follows: “The Concessionaire shall pay to the Plateau State Government a Concession Fee totaling 20% of the gross revenue generated from services rendered for the Month which amount shall be remitted by the Concessionaire to the PSSH on a Monthly basis not later than the close of business of the first working day of the next Month”.

The move to challenge the Agreement in Court, REALITY gathered is been motivated by a provision of the agreement which recognizes Judicial interference.

It reads in part: “SEVERABILITY: If for any reason whatsoever, any provision of the agreement is, or becomes invalid or unenforceable, or is declared by any Court of Competent Jurisdiction, or any other instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected in any manner, and the parties shall negotiate in good faith with a view to agreeing upon one or more provisions, which may be sustained for such invalid, unenforceable or illegal provisions, as early as is possible. Provided that, failure to agree upon any such provisions shall not be subject to dispute resolution under this Agreement or otherwise”.  

You would recall that REALITY had reported that, people are becoming worried over the two receipts with different formats being issued by Foresight Diagnostic Services on the Concession Agreement to customers.

You would also recall that the Agreement of the Plateau State Government with Jaiz Bank concerning the Remodeling of Jos Main Market, was equally challenged in Court with respect to the agreed Concession Fee.

It is of note that the Plateau State Specialist Hospital has taken initiatives to strengthen its Radiological and Radio Diagnostic care services in the state to improve the health status of the poor and vulnerable population in the country.

However, it is of note that the Social Media Critic, Samuel Bature, who was arrested and detained by the Nigeria Police for allegedly criticizing Governor Caleb Mutfwang’s administration in Plateau State has been granted bail by the Plateau State High Court and the matter was fixed for hear on 17^th and 21 of October, 2024.