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Lawsuit Against EFCC By Saraki's Henchman To Be Heard May 4

Nigeria’s Federal High Court, today in Lagos, adjourned hearing to May 4 in a fundamental rights enforcement suit filed by a Lagos businessman, Dr. Kennedy Izuagbe, who is perceived to be a crony of embattled Senate President, Dr. Olusola Saraki.

Nigeria’s Federal High Court, today in Lagos, adjourned hearing to May 4 in a fundamental rights enforcement suit filed by a Lagos businessman, Dr. Kennedy Izuagbe, who is perceived to be a crony of embattled Senate President, Dr. Olusola Saraki.

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None of the parties was present or represented when the matter was mentioned, and the presiding judge, Saidu Saliu, decided on the hearing adjournment.

In a bid to forestall his arrest and detention, Dr. Izuagbe, alongside two other applicants, Carlisle and investment limited, and the director/shareholders of Carlisle Properties Investment Limited dragged the Economic and Financial Crimes Commission (EFCC) before the court. 

The EFCC’s Director of Operations, Olaolu Adegbite, and the Attorney General of the Federation are co-defendants.

In a statement filed with the court by Mahmud Magaji in support of the application to enforce his fundamental rights, Dr. Izuagbe, who is the Managing Director of Carlisle Properties and Investment Limited, stated that he was first invited by the EFCC on the 13th of November 2014 but that following a series of interrogations, he did not hear from the commission again until the 29th of April 2015 when he was again invited.

He said the EFCC requested for some documents, including the one relating to how Dr. Olusola Saraki purchased his landed properties that Carlisle Properties manages and that he told them that the documents belonged to Dr. Saraki and that information relating thereto could only be properly addressed by Dr. Saraki himself.

He stated that he was surprised to read in the newspapers how the EFCC has been manipulating media perception to the effect that the value portfolio of his company could have been derived from the public service proceeds of its beneficial owners.

He further stated that on the 26th of August 2015, while he was in the United States on holiday, he was informed that the EFCC came to the headquarters of his company with a lorry load of policemen, ransacked their offices and carted away several documents.

It was on the basis of that background, he said, that he was approaching the court for an order directing the EFCC from further intimidating and harassing him and his law-abiding staff.

In a counter affidavit sworn to by the EFCC legal officer, Israel Akande, and filed before the court by Barrister Mutairu Olusesi, the agency denied almost all the averment of the applicants contained in Dr. Izuagbe's suit.

It deposed that it was investigating a case of money-laundering involving Dr. Saraki and had discovered several lodgments of cash and monetary instruments by companies linked to Dr. Saraki, as well as regular cash inflows into his personal account by his aides and other yet-to-be-identified persons totaling N15billion, and another $13million (US).

Mr. Akande averred further that the situation peaked on October 26th, 2009 when 88 different persons paid sums into Dr. Saraki's account on the same day, totaling N80million, and an investigation commenced to unravel the sources of the funds. 

He stated further that in the course of the investigation, it was discovered that Dr. Izuagbe was the managing Director of Carlisle Properties and Investment Company which had received funds from several individuals and over 150 companies that were moved into Dr. Saraki's accounts, and that Dr. Izuagbe, acting on behalf of his principal, Dr. Saraki, directed that the inflows into the company’s account be wired offshore to the beneficial owners.

Based on the investigation the weight of the allegations, he said Dr. Izuagbe was then invited by the EFCC with a view to obtaining his reaction to the allegations. He made a voluntary statement and was asked to report back.

Akande stated that during the investigation he broke the news of his mother's death and was allowed to go on compassionate grounds, but that after that he became incommunicado.  He averred that all efforts to get Dr. Izuagbe proved abortive and his phone no longer worked, all of which hampered the investigation.

It was when every effort to reach him proved abortive, he added, that the warrant of arrest was secured for his arrest.

Mr. Akande further averred that the EFCC is statutorily empowered to cause an investigation to be conducted as to whether any person, corporate body or organization has committed any economic or financial crime. He stated that restraining the commission from further investigation into economic or financial crimes reported to it sends the wrong signal to criminally-minded persons who might want to violate the laws of the land with impunity and hide under the protection of the court. 

He consequently urged the court to decline the request of the applicants.

Topics
Corruption