Human rights lawyer Ebun-Olu Adegboruwa yesterday urged the Federal High Court in Lagos to restrain Mr Ibrahmi Magu from parading himself as the Acting Chairman of the Economic and Financial Crimes Commission (EFCC).
He sought an order “directing the fourth defendant, Ibrahim Magu, to vacate, relinquish and surrender his office as Acting Chairman of the EFCC.”
He is also praying the court to stop the Senate from entertaining any further request for Magu’s confirmation as EFCC Chairman.
The Senate, the Attorney-General of the Federation, Abubakar Malami (SAN), the EFCC and Magu are the defendants.
Adegboruwa is seeking a declaration that by virtue of section 2 (3) of the Economic and Financial Crimes Commission Establishment Act 2004, Magu cannot continue to function as EFCC’s Acting Chairman after the Senate rejected his nomination.
He wants the court to hold that Magu’s failure to vacate office following the rejection of his nomination has disqualified him from further consideration for confirmation as EFCC’s substantive Chairman.
The lawyer asked the court to declare that the Federal Government, through Malami, is bound by the Senate’s decision and cannot continue to recognise and deal with Magu as acting EFCC chairman.
Adegboruwa is praying the court nullify all actions taken by Magu, especially charges and information filed in various courts during the period he allegedly acted in excess of his legal term.
He sought an order of injunction restraining Magu, whether by himself, his agents or privies, from functioning in office or parading himself as the Acting EFCC Chairman.
He also sought an order restraining the Senate from from receiving or deliberating upon another request to confirm Magu.
No date has been fixed for hearing of the suit, which was filed yesterday.
Tag: Adegboruwa
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Adegboruwa urges court to order Magu’s sack
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Adegboruwa writes Ambode over officials’ ‘invasion’ of jetties
Activist-lawyer Ebun-Olu Adegboruwa has petitioned Governor Akinwunmi Ambode over an alleged invasion and forceful takeover of Tarzan Jetties by state officials.
The lawyer said his client, Gani Tarzan Marine Enterprises Nigeria Limited, owned by Ganiyu Shekoni Balogun, has been operating water transport in Lagos for decades.
He said the company had negotiated with and secured permits, approvals and licences from both the state and Federal Government to use certain locations in Lekki, Badore, Ikoyi, Ijede, Oworonshoki, Ebute-Iga, Elegbata and Victoria Island as jetties for water transport and boat yard.
Adegboruwa said his client paid the necessary fees to the Lagos State Ferry Services Corporation as well as N5million for licence as ferry operator, which was issued by the Lagos State Waterways Authority.
The lawyer said officials of the Lagos State Waterfront Ministry and the Lagos State Waterways Authority, with armed policemen, swooped upon Tarzan’s Ikoyi jetty on June 17 without prior notice.
“All efforts made by our client to verify the cause of the sudden invasion were rebuffed, as the invaders claimed that they were acting on the orders of His Excellency, the Governor. They took photographs, made video recordings and left.
“Not long thereafter, they came back to the Ikoyi jetty around 4pm to post a sticker, which demanded that structures and boats on the land be removed within 24 hours!
“Our client had earlier on June 10, 2016, filed a suit at the Federal High Court, Lagos, against Lagos State to restrain the government and its agencies from forceful eviction.
“Around 8am on June 18, 2016, Lagos State government officials stormed our client’s jetty at Ikoyi, with armed policemen, with bulldozers, with cranes, low bed carriers, trucks, lifters, etc, and commenced demolition of vital structures in the jetty. They lifted about 15 boats parked within the premises, some of which were wilfully damaged,” Adegboruwa said.
He said his client has also filed a fresh suit against forceful eviction, adding that the appropriate thing to do is to await the determination of the appeal and fresh suit, and not for state officials to take the laws into their own hands by embarking upon illegal demolition of structures in Tarzan’s jetty.
“The attempts to arm twist our client into surrendering its jetty to LASG, without following the due process and while a case filed in court is still pending, should not be encouraged by Your Excellency, who has so far been associated with a firm commitment to the rule of law.
“It was this rule of law that Your Excellency leveraged upon to consolidate the governorship position, when the Supreme Court upheld your election. We urge Your Excellency to resist the temptation to turn against the Courts and give room for lawlessness through self help.”
Adegboruwa said the issue of control and management of inland waterways should be harmonised between Federal Government and Lagos.
“It is, thus, unfair for the Lagos State Government to deny our client the use and occupation of his jetties only because he chose to pay the requisite fees to the Federal Government as it had also paid to the Lagos State. Citizens should not be hemmed in between administrative feuds of government agencies.
“It is not the making of our client that there seem to be some contention between Lagos State and the Federal Government on the management and control of inland waterways. Until that is resolved, our client should be protected and accorded its rights and privileges, based on the existing agreement between the parties,” the lawyer wrote.
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EFCC: How Adegboruwa disbursed N61m rent
The Federal High Court in Lagos yesterday heard how activist-lawyer Ebun-Olu Adegboruwa allegedly disbursed N61million paid as rent on a forfeited property.
The second prosecution witness, a compliance officer at Zenith Bank Plc, Mr. Teslim Adekunle, tendered Ebun-Olu Adegboruwa & Co’s bank account statement.
He said N61,631,944.65 was credited to the account by Transocean Support Vendor S/A on August 13, 2013. Before then, there was a credit balance of N1.4million in the account, he said.
Adekunle said from the account, N3million was transferred to Apex Properties Company Ltd; N2.2million to Adegboruwa; N12,150,000 to Mr Jonathan Udeagbala (owner of the house) and N35million to Victory Electronics Ltd (the complainant Mr Leonard Okafor’s company).
An attempt by the witness to give evidence on a transfer of N1million to an unnamed pastor was resisted by Adegboruwa’s lawyer Mr Tayo Oyetibo (SAN), who objected on the ground that his client’s personal life was not in review before the court.
He said: “All this evidence of cash disbursement is not relevant to the charge. The charge is that he sold a forfeited property. The section of EFCC Act under which he was charged has nothing to do with cash disbursement. Precious judicial time is being wasted through this line of evidence.”
Justice Oluremi Oguntoyibo then asked prosecution counsel to restrict himself to questions relating to the charge.
Under cross-examination, the witness said said he did not know the purpose for which the money was transferred to Adegboruwa’s account.EFCC arraigned Adegboruwa and Jonathan Udeagbala, said to be at large, on May 12 for allegedly conspiring on August 13, 2013 to lease the property at House 105, NICON Town Estate, Lekki.
The commission said the property was a “subject of interim orders of attachment made by Justice Christopher Balogun of the Lagos State High Court” on June 18, 2012.
Adegboruwa allegedly leased the property to Shelf Drilling Nigeria Limited for N61, 631,944.65, which was credited to his Zenith Bank account, with number 1010240758.
The lawyer pleaded not guilty to the charge and claimed he was being persecuted due to his activism.
Justice Oguntoyibo adjourned to September 23, 28 and 29 for continuation of trial.
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Nine to testify against Adegboruwa
The Economic and Financial Crimes Commission (EFCC) yesterday said nine witnesses will testify against activist-lawyer Ebun-Olu Adegboruwa, who was arraigned at the Federal High Court in Lagos for allegedly dealing in a seized property.
He was charged under Section 32 (1) of the EFCC Establishment Act 2004.
It reads: “Any person who, without due authorisation by the Commission, deals with, sells or otherwise disposes of any property or assets which is the subject of an attachment, interim order or final order, commits an offence and is liable on conviction to imprisonment for a term of five years without the option of a fine.”
The commission said Adegboruwa and Jonathan Udeagbala, said to be at large, committed the alleged offence on August 13, 2013 in Lagos.
The defendant, who was arrested on Monday, allegedly conspired to lease the property at House 105, NICON Town Estate, Lekki.
EFCC said the property was a “subject of interim orders of attachment made by Justice Christopher Balogun of the Lagos State High Court” on June 18, 2012.
Adegboruwa allegedly leased the property to Shelf Drilling Nigeria Limited for N61, 631,944.65, which was credited to his Zenith Bank account, with number 1010240758.
The lawyer pleaded not guilty to the charge.
His lawyer, Emeka Etiaba (SAN), urged the court to grant him bail on self-recognition, adding that he would not jump bail.
He said: “EFCC, while investigating the matter, never detained the defendant for one day. He attended all invitations extended to him.
“He conducted himself in a manner most becoming of a senior member of the Bar.
“The defendant, besides being a legal practitioner of note, who is at the vanguard of the protection of the interest of the downtrodden, is also married to a lawyer.
“He is also a parish pastor of the Redeemed Christian Church of God. He runs a robust legal practice with office in Lekki. Over 50 per cent of his briefs are pro-bono (free) cases for the indigent.”
EFCC’s lawyer Ibrahim Mohammed said the prosecution was not opposed to the application.
“We leave the bail application at the court’s discretion,” he added.
Justice Oluremi Oguntoyibo said Adegboruwa deserved bail, but not on self-recognition.
She granted him bail for N10million with two sureties who must own landed properties in Lagos.
The sureties, the judge said, must also submit their phone numbers and bank accounts details, which shall be verified by the court’s registrar.
Adegboruwa, who wore a dark blue suit and a white shirt, waved to members of his church and associates who were in court.
He stood in the dock as the charge was read and his bail application argued.
Beside Etiaba, 10 other lawyers, including his wife, announced appearance for him.
The lawyer had denied the allegation in a statement by his firm on Wednesday, saying there could not have been a freezing order on the property because the substantive case had been dismissed.
Justice Oguntoyibo adjourned till June 12, 14 and 15 for trial.
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Adegboruwa denies fraud charge, faults arrest
Activist-lawyer Ebun-Olu Adegboruwa yesterday denied the allegation by Economic and Financial Crimes Commission (EFCC) that he dealt in a forfeited property.
He said there could not have been a freezing order on the property because the substantive case was dismissed.
In a statement by his firm, Adegboruwa & Company, the lawyer said: “Our firm was not aware of any interim order of attachment obtained by the EFCC on the property.
“With the ruling of Justice D.O. Oluwayemi, which dismissed the main criminal charge, there can be no subsisting order of attachment as something cannot be placed on nothing and be expected to stand.”
Adegboruwa recalled that in May 2013, his law firm was approached by Mrs. Sylvia Udeagbala to represent her husband in a criminal case.
He said it followed a petition to EFCC by Chief Leonard Okafor, who is from the same town as Udeagbala.
According to Adegboruwa, Udeagbala asked Okafor to invest in a telecoms business, but the business did not succeed.
Okafor demanded a refund. Udeagbala issued him cheques, which allegedly bounced. A criminal charge was filed against Udeagbala for allegedly issuing dud cheques.
In resolving the dispute, Udeagbala leased his five-bedroom duplex in Nicon Town Estate in Lekki.
A tenant, Shelf Drilling Co Ltd, took a five-year lease of the property for about N11 million, the lawyer said.
Adegboruwa said the money was distributed as follows: Okafor N35 million; Udeagbala N12 million; renovation N8 million; agent fee N2.5 million and legal fee N2.5 million.
“When EFCC got to know that the property had been let out to Shelf Drilling for five years at the rate of N10 million, they told Shelf Drilling that the earlier money paid had been forfeited.
“EFCC asked Shelf Drilling to pay N12 million per annum. Twent-four million naira has been collected by EFCC. In fact, we were informed that as at yesterday, May 10, 2016, EFCC served the tenant another invoice for rent for 2016.
“Part of the terms of settlement was that Chief Okafor would withdraw his petition to the EFCC, which he did through a letter by his lawyers, Atuegwu Egwuatu & Associates on August 19, 2013, and which was received by the EFCC on September 17, 2013.
“Consequent upon the withdrawal, the criminal charge was dismissed by the High Court on December 17, 2015, in a well considered ruling by Justice D.O. Oluwayemi. The EFCC is aware of this.”
Adegboruwa said his arrest was not due to “a dead case”, but because he was critical of the Muhammadu Buhari administration, besides representing ex-Niger Delta militant Chief Government Ekpemupolo (Tompolo) and ex-President Goodluck Jonathan’s cousin Azibaola Robert, against charges by EFCC.
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Commission charges Adegboruwa with criminal conspiracy
The Economic and Financial Crimes Commission (EFCC) has filed a criminal charge against activist-lawyer Ebun-Olu Adegboruwa at the Federal High Court in Lagos.
He was accused of dealing in a seized property that was a subject of EFCC’s investigation without authorisation.
The commission said he and Jonathan Udeagbala committed the alleged offence on August 13, 2013, in Lagos.
Adegboruwa was said to have been arrested on Monday at his Lekki office by EFCC operatives.
The defendants allegedly conspired to lease the property at House 105, NICON Town Estate, Lekki.
EFCC said the property was a “subject of interim orders of attachment made by Justice Christopher Balogun of the Lagos State High Court.”
The order, the commission said, was made on June 18, 2012.
Adegboruwa allegedly leased the property to Shelf Drilling Nigeria Limited for N61, 631,944.65.
The money was allegedly credited to his Zenith Bank account, 1010240758.
The alleged offence is punishable under Section 32 (1) of the EFCC Establishment Act 2004.