A judge of the High Court of the Federal Capital Territory has
ordered the Economic and Financial Crimes Commission (EFCC) to
remove from its website the name of the chairman of Aiteo Energy
Resources Ltd, Benedict Peters, who had been declared wanted by the
agency.
In a judgment delivered on Thursday, O.A Musa, the judge, ruled
that the act of declaring an individual wanted on the EFCC website
without any prior order or leave of court constitutes a violation
of the person’s fundamental rights.
He, however, held that the EFCC has the power to declare any
person wanted within the ambit of Nigerian laws and upon complying
with statutory conditions.
The judge did not set aside the arrest warrant on Mr.
Peters.
But he frowned at the arrest warrant procured by the EFCC which
showed the issuing magistrate’s signature dated 5th August, 2016,
while the commission claimed it received it on 4th August,
2016.
“Could this have been a mistake?” the judge asked.
“If it was, I expected the 1st respondent (EFCC) to have filed a
further and better counter-affidavit in order to fully explain why
there exist this sort of anomaly.
“I am left with no option but to conclude that the 1st
respondent has presented to this court an absurd and unimaginable
case of receiving a signed document a day before it was actually
signed by the person who purported to have signed it.”
Mr. Peters had dragged the anti-graft agency before the court
seeking a declaration that the act of declaring him wanted on the
EFCC website without a court order was a violation of his
fundamental rights.
He also sought an order quashing the declaration and a “formal
written apology” by the respondents to be addressed to him as well
as a perpetual injunction restraining them from further infringing
on his rights.
Joined in the suit was the Attorney General of the
Federation.
According to the EFCC, an investigation that began in 2016
showed that Diezani Alison-Madueke, the former petroleum minister;
Bernard Otti; Aiteo Energy Ltd; Northern Belt Oil and Gas Company
Ltd and others were involved in conspiracy, stealing and money
laundering amounting to $300 million.
Mr. Peters is the chairman of both companies, according to the
EFCC.
“To carry out a holistic investigation and get applicant’s (Mr.
Peters) response, the EFCC wrote a letter inviting the applicant to
assist in investigation,” the EFCC stated in court papers filed
before the court.
“The applicant wrote several letters to the commission pleading
to come at various dates which he never honoured till the time of
filing the suit.”
The EFCC said it approached a magistrate in Lagos who issued a
warrant of arrest against Mr Peters, after which it declared him
wanted.
The commission further stated that Mr. Peters claims of ill
health does not hold water because there are Nigerian hospitals
capable of managing his ailment.
After an EFCC invitation to appear before it on June 2, 2016,
Mr. Peters wrote to the commission claiming he was receiving
treatment in France.
On 1st June, 2016, Mr. Peters said EFCC operatives invaded
Aiteo’s premises and arrested Ewarieze Useh and Tunde Akinpelu, a
Managing Director and an Executive Director respectively without
any warrant of arrest.
On the same day, according to the Aiteo boss, armed EFCC
operatives at about 2 p.m. invaded his Ikoyi home and arrested his
driver.
Mr Peters said the invasions were repeated on July 20, 2016, and
August 4, 2016.
On August 15, 2016, Mr Peters was declared wanted and the
information uploaded on the EFCC’s official website.
A judge of the High Court of the Federal Capital Territory has
ordered the Economic and Financial Crimes Commission (EFCC) to
remove from its website the name of the chairman of Aiteo Energy
Resources Ltd, Benedict Peters, who had been declared wanted by the
agency.
In a judgment delivered on Thursday, O.A Musa, the judge, ruled
that the act of declaring an individual wanted on the EFCC website
without any prior order or leave of court constitutes a violation
of the person’s fundamental rights.
He, however, held that the EFCC has the power to declare any
person wanted within the ambit of Nigerian laws and upon complying
with statutory conditions.
The judge did not set aside the arrest warrant on Mr.
Peters.
But he frowned at the arrest warrant procured by the EFCC which
showed the issuing magistrate’s signature dated 5th August, 2016,
while the commission claimed it received it on 4th August,
2016.
“Could this have been a mistake?” the judge asked.
“If it was, I expected the 1st respondent (EFCC) to have filed a
further and better counter-affidavit in order to fully explain why
there exist this sort of anomaly.
“I am left with no option but to conclude that the 1st
respondent has presented to this court an absurd and unimaginable
case of receiving a signed document a day before it was actually
signed by the person who purported to have signed it.”
Mr. Peters had dragged the anti-graft agency before the court
seeking a declaration that the act of declaring him wanted on the
EFCC website without a court order was a violation of his
fundamental rights.
He also sought an order quashing the declaration and a “formal
written apology” by the respondents to be addressed to him as well
as a perpetual injunction restraining them from further infringing
on his rights.
Joined in the suit was the Attorney General of the
Federation.
According to the EFCC, an investigation that began in 2016
showed that Diezani Alison-Madueke, the former petroleum minister;
Bernard Otti; Aiteo Energy Ltd; Northern Belt Oil and Gas Company
Ltd and others were involved in conspiracy, stealing and money
laundering amounting to $300 million.
Mr. Peters is the chairman of both companies, according to the
EFCC.
“To carry out a holistic investigation and get applicant’s (Mr.
Peters) response, the EFCC wrote a letter inviting the applicant to
assist in investigation,” the EFCC stated in court papers filed
before the court.
“The applicant wrote several letters to the commission pleading
to come at various dates which he never honoured till the time of
filing the suit.”
The EFCC said it approached a magistrate in Lagos who issued a
warrant of arrest against Mr Peters, after which it declared him
wanted.
The commission further stated that Mr. Peters claims of ill
health does not hold water because there are Nigerian hospitals
capable of managing his ailment.
After an EFCC invitation to appear before it on June 2, 2016,
Mr. Peters wrote to the commission claiming he was receiving
treatment in France.
On 1st June, 2016, Mr. Peters said EFCC operatives invaded
Aiteo’s premises and arrested Ewarieze Useh and Tunde Akinpelu, a
Managing Director and an Executive Director respectively without
any warrant of arrest.
On the same day, according to the Aiteo boss, armed EFCC
operatives at about 2 p.m. invaded his Ikoyi home and arrested his
driver.
Mr Peters said the invasions were repeated on July 20, 2016, and
August 4, 2016.
On August 15, 2016, Mr Peters was declared wanted and the
information uploaded on the EFCC’s official website.
Read more https://nairalaw.com/court-quashes-efccs-declaration-of-aiteo-chief-benedict-peters-wanted/