THE Economic and Financial Crimes Commission (EFCC) has filed criminal charges against a director of Rana Prestige Industries Nigeria Limited, Mr. Gnanhoue Nazaire at the Federal High Court in Lagos.
Nazaire, the company’s General Manager, Senou Modeste, and “Company Secretary” Ferdinand Egede were charged with forgery and “uttering” of forged documents.
Uttering a forged instrument is the passing or making use of a forged writing or document with knowledge of its forged nature. It is a crime usually charged in conjunction with a forgery.
EFCC said they allegedly conspired among themselves on May 28, 2007 to forge Rana Prestige’s ordinary resolution, which they claimed was signed by Mrs. Rachadatou Abdou, who co-owns the company.
The commission said they allegedly forged a Corporate Affairs Commission (CAC) Form 7 dated November 22, 2005, claiming it was also signed by Mrs. Abdou.
They were also accused of uttering of forged document by presenting the Form 7 to CAC as genuine.
The four-count charge includes conspiracy to commit a felony, forgery and uttering of false document, which violate section 516, 467 and 468 of the Criminal Code, Cap C17, Laws of Lagos State of Nigeria 2003.
The accused persons are yet to be arraigned.
In a supporting affidavit, an EFCC investigating officer said the board resolution was purportedly signed and passed by the directors appointing Egede as the company secretary while Mrs. Abdou was out of the country.
The commission said Nazaire fraudulently converted the company’s share to his use and to Mrs. Abdou’s prejudice, as well as “converted huge sums of money” belonging to the company “to his own use.”
But Rana Prestige, its Administrative Manager Adewale Adeniyi and Nazaire, through their lawyer Chief Rickey Tarfa (SAN), have filed a fundamental rights enforcement suits, praying the court to order the unsealing of the companies’ business premises and unfreezing of their bank accounts with Diamond Bank, Ecobank, and Access Bank.
They are also asking for an order of perpetual injunction restraining EFCC from violating their rights.
When the case came up before Justice Mohammed Yunusa last Thursday, counsel for Mrs. Abdou, Mr. Femi Falana (SAN), opposed the applications. He urged the court to dismiss them.
Three applications were heard, one by Hair Prestige Manufacturing Nigeria Limited, Prestige Hair Fashion Nigeria Limited, Nazaire (trading under Rana Seasoning Ventures) and Senou against the EFCC, Mrs. Alice Bulus and Mrs. Abdou.
The second fundamental rights application is by Rana Prestige and Nazaire against the same respondents, while the third is by Adeniyi.
Adeniyi is seeking N30 million as general, exemplary and aggravated damages for the violation of his rights, as well as N10 million as cost of the suit.
Hair Prestige, Prestige Hair Fashion, Nazaire and Senou are seeking N180 million as damages for the violation of their rights.
Rana Prestige and Nazaire, in the third application, are seeking N100 million damages, and N10 million as cost of the action.
Falana said Adeniyi’s claim that Mrs. Abdou instigated his arrest was not backed by any evidence. “The applicant has not attached any documents in support of his application,” he said.
Besides, he said his client’s petition to EFCC, alleging massive fraud, forgery and diversion of funds did not name Adeniyi in it.
Falana urged Justice Yunusa not to restrain the EFCC from dealing with “a foreigner who came to Nigeria to treat our laws with disdain.”
He added: “Nobody is above the law. There is now a valid charge before this court. To grant the applications will be to confer permanent immunity to criminal suspects.”
EFCC’s counsel Iyabo Daramola said the commission was only carrying out its constitutional duties. She said the commission did not violate their rights.
“The action of the first respondent was statutorily conducted and we urge the court to so hold,” she said.
In her counter-affidavit to Adeniyi’s suit, Mrs. Abdou said she and Nazaire jointly established Rana Prestige and were the company’s only two directors.
She said she was fraudulently cut off as the company’s director by Nazaire and Senou to the extent that money was withdrawn from the company’s accounts without her consent despite the fact that she’s a signatory to them.
“It was in the cause of this fraudulent act perpetrated against me that I wrote a petition against Mr. Nazaire to the EFCC through my lawyer,” she said.
According to her, she allowed the commission to carry out its investigation and never intervened in any way nor instigated EFCC to perform its official duties.
In her counter-affidavit to the suit by Rana Prestige and Nazaire, Mrs. Abdou said she was in Paris for over six years during which Nazaire allegedly defrauded the company of several millions of naira by forging her signature to pass a fictitious resolution to change the company’s mandate with the banks.
Besides, she said following her investment of N10 million in Rana Prestige at its inception, her shares which was supposed to be 50 per cent was manipulated and she was allotted 40 per cent.
She said Nazaire later incorporated Hair Prestige Manufacturing “to further continue their act of fraud against me and Rana Prestige Industries Ltd.”
But Tarfa said it was illegal to seal the companies and freeze their accounts without a court order.
He said the applicants’ business premises had been sealed and their accounts frozen and many documents carted away by the respondents without any lawful order of court.
Tarfa said the companies may be forced to die if their constitutional rights are not urgently protected.
“The sealing up of the premises, seizure and detention of property and freezing of the accounts of the applicants were carried out by the respondents in a manner that infringes on their fundamental rights,” Tarfa said.
Justice Mohammed Yunusa adjourned till August 18, 20 and 24 for ruling on the applications.