Corruption allegations: Court okays suit seeking Kachikwu’s suspension, probe

The Federal High Court in Abuja has granted leave permitting a
civil society group, Kingdom Rights Foundation International, to
commence a suit which centres on allegations of money laundering,
operation of a foreign bank account, corruption and assets
declaration irregularities against the Minister of State for
Petroleum Resources, Dr Ibe Kachikwu.

An enrolled order of the court bearing the stamp of the Federal
High Court and the signature of the registrar with October 15, 2018
date, showed that Justice Folashade Ogunbanjo made the order on
October 10.

The plaintiff, KHRFI, through its ex parte application filed on
August 23, 2018, had sought the court’s leave to commence a suit
seeking Kachikwu’s probe for the various allegations.

Kachikwu was sued alongside the Ministry of Petroleum Resources,
the Code of Conduct Bureau, the Economic and Financial Crimes
Commission, President Muhammadu Buhari, and the Attorney General of
the Federation, Mr Abubakar Malami (SAN).

The plaintiff asked the court, in the substantive suit, to
conduct a judicial review of the administrative action/inaction of
the defendants to perform their constitutional and statutory
mandates and obligations in connection with the investigation and
prosecution of Kachikwu.

The plaintiff’s lawyer, Okere Nnamdi, move the ex parte
application seeking leave to commence the suit on October 10.

Granting the request in her ruling, Justice Ogunbanjo held,
“Leave is granted to the plaintiff/applicant to commence action for
judicial review of administrative action/inaction to perform their
constitutional and statutory mandate and obligation under section
174(1), (2), and (3) of the 1999 Constitution, sections 3 and 24
(2) of the Code of Conduct Bureau and Tribunal Act, CAP C15, Laws
of the Federation 2004, and in section 5(1) of the EFCC Act, to
investigate and prosecute Dr Ibe Emmanuel Kachikwu, on allegations
of money laundering, operation of foreign bank account while
occupying a public office, corruption, false declaration of assets,
perjury and abuse of office, contrary to the Code of Conduct for
Public Officers provided under paragraphs 1, 2 and 11(1) and (2) of
the Fifth Schedule, Part I of the 1999 Constitution of the Federal
Republic of Nigeria (as amended).”

The judge also made an order deeming the plaintiff’s originating
summons (the main suit) filed alongside the ex parte as “properly
filed under Order 34 Rule 5(1) of the rules of the court.”

But the judge declined to grant the applicant’s request that
Kachikwu should be served with the court papers through “the most
senior staff member in the registry of any staff member of the
ministry.”

Rather, the court ruled that “the first defendant (Kachikwu) is
to be served personally.”

The judge then fixed October 24 for a report of service.

In the substantive matter, the plaintiff asked the court to
compel “the 3rd, 4th and 6th defendants to immediately investigate
and prefer a criminal charge against Dr Kachikwu Ibe Emmanuel (the
Hon. Minister of State for Petroleum) for breach the Code of
Conduct for public officers provided for in the Constitution.”

Alleging that Kachikwu had put himself in a situation “where his
personal interest conflicts with his official duty” the plaintiff
urged the court to compel, “the President of the Federal Republic
of Nigeria (5th defendant in this suit) to immediately suspend Dr
Kachikwu Ibe Emmanuel as the Hon. Minister of State for Petroleum”
on the various allegations.

Some of the assets which the plaintiff accused Kachikwu of
declaring anticipatorily included N1.35bn in Nigerian banks as well
as $1.2m and £100,000 in foreign banks.

The plaintiff also said they included landed properties worth
about N10.720bn with anticipated annual income from the properties
valued at about N1.345bn; declaration of 1,500 stocks in different
companies outside Nigeria valued at about $1m having expected
annual income of $50,000 to $100,000.

It also queried Kachikwu’s declaration of two cars and one boat
worth about N300m and $800,000.

The group alleged that Kachikwu falsely declared to own a duplex
at House 50, Road 3, Victoria Garden city, Lagos, which was
acquired at the cost of N100m with the total income of N50m.

The plaintiff alleged that the land on which Kachikwu claimed to
have the duplex “is an empty land with absolutely no economic or
commercial activity taking place therein.”

It added that Kachikwu falsely declared 9 and 10 Turners Court
Parpenters close, Barney London, instead of 9 and 10 Turners court
carpenters close, Barnet EN5 1EW.”

It added, “He deliberately did not declare the postcode and
deliberately misspelt the word to mislead investigation into the
property.”

It also accused him of “non-declaration of assets of several
companies registered in Nigeria where Kachikwu had interests and
controlling shareholding, serving as a Director and Management
Board member of Beverly Cops & Securities Ltd., Intel & Data
limited, Flame Petroleum & Gas Ltd., True Tales Productions Ltd.,
and True Tales Event Management Ltd.”

Other allegations included, “failure to resign as Director in
these companies, while at the same time serving as the Group
Managing Director of NNPC as well as Minister of State for
Petroleum, in violation of paragraph 2 (b) of the 5th schedule to
the Constitution.

“Non-declaration of wife’s and unmarried children’s’ assets as
required by law by falsely declaring that he is divorced. The two
women he claims to have divorced are still shareholders with a
substantial interest in many of Dr Kachikwu’s companies, such as
Beverly Cops & securities Ltd., Intel & Data limited, Flame
Petroleum &Gas Ltd., True Tales Productions Ltd., and True
Tales Event Management Ltd.”

“Criminal anticipatory declaration of assets and properties
which do not belong to him and many others not identifiable at the
land registry of the various jurisdictions where he declared them
to purportedly exist.”