Justice Gabriel Kolawole of the Federal High Court, Abuja has stopped the Economic and Financial Crimes Commission (EFCC) from prosecuting Chairman of Ikeja Hotels Plc., Goodie Ibru.
The EFCC had charged Ibru and some others before the Igbosere High Court for N1 billion fraud.
Ibru and three companies – Associated Ventures International Limited, IHL Services Limited and Clearview Investment Limited – were named in the charge as defendants.
While the EFCC were preparing to arraign the defendants, they went before the Federal High Court, Abuja to lodge a fundamental rights enforcement suit.
On July 15, Justice Gariel Kolawole, who sat as the vacation judge granted an ex-parte motion by the applicants and restrained the EFCC from taking further steps on the charge pending the determination of the suit.
The judge directed the applicants to serve the enrolled order on the EFCC and others listed as respondents in the suit.
He said the EFCC could, within five days from the day of being served with the enrolled order, apply for the discharge of the restraining order if it desires. He has adjourned to September 14.
A copy of the enrolled order reads: “It is hereby ordered that the 1st respondent (EFCC) to stay all actions against the 1st applicant (Goodie Ibru) in respect of the petitions written by the second and third respondents or any other person on account of the operations and management of Tourist Company of Nigeria Plc and Ikeja Hotels Plc pending the hearing and final determination of the originating motion in this suit.
“That in relation to prayer two, the respondents, the 1st respondent (EFCC) in particular against whom the order is pointedly directed, shall be at liberty within five days of its being served with the applicants’ originating motion as well as the Certified True Copy of the enrolment of these orders, to apply that these orders be discharged prior to the hearing and determination of the applicants’ originating motion.”
The judge adjourned the hearing of the main suit till September 14 “without prejudice to the right of the respondents to apply for the discharge of these orders”.
Ibru, Associated Ventures International Limited and IHL Services Limited are the plaintiffs in the fundamental human rights enforcement suit marked, FHC/ABJ/CS/616/2015, which is before the Federal High Court in Abuja.
The respondents are the EFCC, publisher of The Guardian newspapers and also an in-law to Goodie Ibru, Mrs. Maiden Ibru; representative of the Civil Society Network Against Corruption, whose petition the EFCC acted upon to investigate (Goodie) Ibru, Mr. Olanrewaju Suraju; Alurum Investment Limited, Dadifol Limited and RFC Limited.
The EFCC, in the charge now befor Justice Raliatu Adebiyi of the Lagos State High Court, Igbosere, alleged that Ibru and his co-accused conspired amongst themselves to steal a sum of N867,700,990.00 being the profit due to Ikeja Hotels Plc, alleging that the suspects received the stolen sum through Starwood Limited, the managers of Sheraton Hotels, Ikeja.
The alleged offence was said to have been committed between January and December 2010.
The EFCC also, in another count, alleged that the defendants had, between June and October 2010, with intent to defraud, fraudulently converted to personal use, a sum of N55,102,485.50 received through Starwood Limited as profit due to the hotel.
It could not be confirmed yesterday whether or not the EFCC has applied for the restrain order to be vacated.