The prominent Gbadamosi Eletu family of Osapa London in Eti-Osa Local Government Area of Lagos State has appealed a judgment of the Federal High Court, Lagos, approving an investigation by the Independent Corrupt Practices Commission (ICPC) of a private land transaction between the Eletus and their former lawyer, Mr. Afe Babalola (SAN).
In the Federal High Court judgment delivered on 19 June, Justice Aikawa interpreted Sections 6 and 10 of the ICPC Act as empowering the anti-graft agency to investigate allegations of corruption made against private citizens.
Following the family's dissatisfaction with the judgment, it instructed its lawyer, Mr. Ebun-Olu Adegboruwa, to file an appeal at the Court of Appeal.
In the notice of appeal filed at the Registry of the Federal High Court on 22 June 22, the family raised four grounds of appeal. The Gbadamosi Eletus stated that the trial court erred by conferring on the ICPC wide-ranging powers to investigate private individuals involved in transactions that have nothing to do with government revenue. The family also noted that none of its members is a public officer, beneficiary or an administrator of public funds.
The appeal, stated the family, equally seeks to question the judgment of the trial court for its failure to interrogate the true facts of the case. These, the family explained, include the fact that the Gbadamosi Eletus were contesting the figure of $10 million contained in the agreement in question.
The notice of appeal similarly complained of the failure of the trial court to follow established decisions of superior courts in determining fundamental rights cases by wrongly placing the burden of proof of likely violations of the family's on it instead of the ICPC, which should have the the onus of justifying the circumstances of infringement.
The family also stated that the trial court erred in its refusal to examine the true issues in controversy between the parties, especially the facts stated
in the affidavit that the Eletu family had already paid N200m to their lawyer, Mr. Babalola, out of his total claims for his legal services.
The family maintained that as the custodian of the Supreme Court judgment on their family land at Osapa London, it has the power to sell their family inheritance and such
a decision could not be subject of an investigation by the ICPC.
The notice of appeal has since been served on the ICPC. The court, SaharaReporters learned, has already fixed a date for the settlement of records of appeal.
Relatedly, Mr. Adegboruwa stated on behalf of the Eletus that the matter between them and Mr. Babalola has been fairly settled. The settlement took the shape of intervention by Mr. Adegboruwa and other senior lawyers, who mediated between the Eletu family and Mr.
Babalola.
SaharaReporters gathered that an agreement has been reached to compensate Mr. Babalola from the land allocation of the Eletu family upon the resolution of the issue of alleged $10 million.
On account of the mediation, the judgment of the Federal High Court is thought to have been overtaken by events. Yet, the ICPC has continued with the case for what observers think is for the agency's own interest and image.
