Court dismisses police application to freeze Dilly Motor’s accounts

By John Austin Unachukwu

A Bayelsa State High Court in Sagbama has dismissed an ex-parte application by the Commissioner of Police, seeking to freeze three bank accounts belonging to Lagos-based auto firm, Dilly Motors Ltd.

Justice E. G. Omukoro, in suit SHC/11M/2020, also discharged its earlier ex-parte orders which granted the police access to information on the accounts.

Police counsel Stella A. Jerry-Friday had on July 13, 2020, in response to a petition by one Solalina Mass Transport, sought an ex parte order to freeze the said accounts to allow for ‘police investigation’.

The petition followed a disagreement between Solalina Mass Transport and Dilly Motors over cuts from a vehicle supply contract. The court, however, declined to grant the order. The applicant was only granted access to information.

However, Dilly Motors’ counsel, Chijioke Emeka of Auxano Law firm, leading two others, Ekere Bassey and Harrison Inengite, prayed the court to discharge the relief already granted ex parte and dismiss the pending application to freeze Dilly Motors’ accounts.

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Emeka contended that there was no genuine criminal investigation as the application was filed a day after another Judge, Cocodia J. of the Yenagoa Division, refused a similar application for ex parte Mareva injunction freezing the accounts in a civil suit by the same complainant alleging a breach of contract.

Ruling on the application,  Justice Omukoro agreed with the contention of Dilly Motors’ counsel and refused the application for a freezing order.

The court held that the application was an abuse of judicial process, particularly in view of the suit for breach of contract filed by the same complainant and pending before Justice Cocodia.

Frowning at the police’s failure to serve the ex parte application on Dilly Motors as ordered, the judge also discharged the earlier orders granting access.

The court, however, declined to award exemplary costs against the police due to a revelation by Emeka, that the original parties, Mr. Oruaze Dickson and Prince Okwudili Umenyiora had agreed to explore out-of-court settlement.