The attempt by Mr. Granhoue Sourou Nazaire, a businessman from the Benin Republic, to prevent the EFCC from charging him to court in Nigeria has failed. At the resumed hearing of the two suits filed by him against the EFCC and Mrs Rachidatou Abdou and the EFCC at the Federal high court yesterday, the EFCC exhibited the 4-count charge of forgery filed against Mr. Nazaire and his Nigerian lawyer, Emeka Egede Ferdinand.
Mr. Nazaire had rushed to the Federal High Court to enforce his right to liberty as soon as he discovered that the EFCC had concluded investigation into the complaint lodged by Mrs Abdou in respect of fraud, stealing and forgery in Rana Prestige Industries Nigeria Limited, a company jointly owned by them . Mr Nazaire became confident when Justice Yunusa granted the oral application of his lawyer, Mr Ricky Tarfa SAN that the status quo be maintained in the case.
In reacting to the charge filed by the EFCC Mr Tarfa prayed the trial judge to set aside the charge as "it is contemptuous, illegal and unlawful" since the court had granted a preservative order in the case. But the EFCC Counsel, Mrs I. O.Daramola pointed out to the court that the EFCC filed the charge in line with its statutory powers having established a prima facie case of forgery, stealing, fraudulent conversion of company funds and money laundering against Mr. Nazaire and his lawyer, Mr Ferdinand.
In his submissions on behalf of the complainant, Mr. Femi Falana asked the court to dismiss the action as it constitutes a gross abuse of judicial process. While arguing that no Nigerian court has the power to prevent the police or the EFCC from charging criminal suspects to court he cited several decisions of the Nigerian Court of Appeal where Nigerian judges have been warned to desist from shielding criminal suspects from prosecution. He urged the judge not to make an order that could give the impression that Nigeria is a "Banana Republic."
Upon conclusion of counsel's addresses, Justice Yunusa adjourned the cases till August 18, 2015, for judgment.