The Economic and Financial Crimes Commission, on Tuesday,
explained to the Federal High Court in Abuja that it declared as
wanted, the Hope Democratic Party’s presidential candidate in the
last election, Ambrose Owuru, over fraud charges pending against
him in Port Harcourt, Rivers State.
EFCC’s lawyer, Ibrahim Audu, said this at the hearing of Owuru’s
fundamental rights enforcement suit challenging the legality of
being declared wanted by the commission in a July 10, 2018
newspaper publication.
Justice Nkeonye Maha after hearing parties to the case on
Tuesday, fixed October 7 for judgment on the legality of the
publication and whether the former presidential candidate was
deserving of the N500m sought as damages in the suit.
Audu told the judge that Owuru was avoiding trial in the
criminal case instituted against him by the commission, prompting
the court in Port Harcourt to issue an arrest warrant against
him.
The commission said the criminal charges against Owuru bordered
on obtaining money by false pretence.
Audu said, “He was evading his trial and the High Court duly
issued an arrest warrant against him.
“It was on the basis of the arrest warrant that the publication was
made.”
Earlier on August 7, 2019 when the matter came up at the
preliminary stage before another vacation judge of the Federal High
Court in Abuja, Justice Taiwo Taiwo, a lawyer representing Owuru,
Mr. Eze Nnayenlugo, said the criminal case referred to by the
commission involved “a land transaction”.
He added that the case had been withdrawn.
But the EFCC insisted that the criminal case was still pending
before the Port Harcourt Division of the Federal High Court and was
never withdrawn.
Earlier on Tuesday, Owuru’s lawyer, Chukwunoyerem Njoku, urged
Justice Maha to grant his client’s prayers, including an award of
N500m for the damage allegedly done to his reputation with the
EFCC’s publication.
He also sought other restraining orders against the anti-graft
agency to stop it from further making such publication.
Njoku insisted that the commission had no power to declare
anybody wanted without the backing of a court order.
“There is nothing in the exhibit tendered by the respondent
(EFCC) that empowers it to make that publication,” Njoku added.
But replying to that line of argument, Audu said there was also
no provision of the Administration of Criminal Justice Act that
made a court order a condition precedent to declare a defendant
facing criminal charges wanted.
“There is nothing in ACJA that says for the publication to be
made there must be a court order,” he added.
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Defamatory Mugshot: Barrister Abaya Insists on Public
Apology from EFCC
… Anti-graft Agency Refuses to Apologise
An Ilorin-based legal practitioner, Barrister Sulyman Abaya
insisted that the Economic and Financial Crimes Commission (EFCC)
must tender a public apology to him for portraying him as a
criminal in a defamatory mugshot and Press Release.
The anti-corruption agency said that it would not apologize for
the mugshot and press statement on Abaya and two others which is
part of its standard practice.
The lawyer stated categorically that contrary to the allegations
leveled against him by the anti-graft agency, he did not conspire
with anybody, impersonate anyone or forge any document in order to
defraud one Pastor Adedoyin of his property at any point in
time.
In his statement obtained by PRNigeria[1], the lawyer added that
through his life with about twenty years in the legal practice, he
had always sought for contentment, integrity, uprightness, good
name and godliness.
He said: “For those who know my personality traits, I had never
craved for illegitimate wealth or unearned income. I have never
been involved in any financial crime that may tarnish my highly
cherished family name which unquestionable integrity among my
professional colleagues.
The lawyer said he was deeply pained when he EFCC syndicated his
mugshot with spurious allegations of Conspiracy, forgery and
Obtaining money by false pretence when he was never being found
guilty or convicted by any court of law.
Narrating his ordeal, Barrister Abaya stated that: “Sometimes in
2013, I was approached and briefed by a colleague, Mr. R.O. Salman,
Esq. to take over the defence of a civil case in Suit No:
KWS/112/2010 filed by Alhaji Abdullahi Muhydeen Olojuku through his
lawyer, Dr. D. A. Ariyoosu, Esq. against Engr. Tunji Adedoyin
challenging him for the unlawful occupation of his land. The case
was before Hon. Justice Haleemat Saleeman of High Court of Kwara
State.
“Sequel to the brief of R. O. Salman, Esq. whom I verily
believed had the brief of Engr. Adedoyin, I made some appearances
in the case in the best interest of the Defendant (Engr. Adedoyin)
and after a while, I was informed that parties had agreed to settle
the matter out of court.
“Based on this information, I withdrew from the case and handed
over the case file back to R. O. Salman, Esq. In fact, I did not
partake in the settlement proceeding and I knew nothing about how
the case was eventually settled. Surprisingly, on 27/8/2019 and
without prior invitation, I was arrested by the officers of
Economic and Financial Crimes Commission (EFCC), Ilorin Zonal
Office at the High Court premises, Ilorin and subsequently detained
till the following day in their office.
“While at the EFCC custody, I clearly stated my story in
connection with the case as narrated above but despite my
explanations and notwithstanding that I was not confronted with any
document I allegedly forged, or any allegation that I collected any
amount of money from anybody or received any amount of money on
behalf of anybody in connection with the case, the officers of EFCC
threatened and forced me against my will to carry placard and took
my photograph which they later uploaded on the internet.
“The whole world has undoubtedly seen me carrying a placard.
Please retake a deep look at that picture and you will see that it
was hesitantly carried with one hand. For more than one hour, I
resisted and protested the carrying of the placard but EFCC called
on two of her mobile policemen who pointed gun at me and coerced me
to carry it. As soon as the picture was taken, EFCC released me
together with my car.”
Mr. Abaya, further stated that last Friday, which was August 30,
the officers and operatives of EFCC involved in dehumanizing him
called to apologize for disparaging his personality, but he however
insisted that they must apologize publicly.
“I am convinced that since my release, the picture of my
innocence has become clearer to the EFCC but the damage done me and
my reputation by the actions of the overzealous officers of EFCC
are incalculable, immeasurable and ought to be adequately
redressed,” he added.
Responding to the petition, the Spokesperson of EFCC, Mr. Wilson
Uwujaren a press statement said that EFCC had no reason to threaten
or apologize to Abaya, over its investigation on N20 million
property fraud case by the Ilorin Zonal office of the
Commission.
Abaya was arrested along with two other lawyers, Salman Rafiu
and Saka Hammed, for alleged illegal acquisition and sale of a
property belonging to Mr Adetunji Adedoyin, valued at about N20
million (Twenty Million Naira).
The spokesperson of EFCC said: “In the first place, there is no
reason for anyone to apologize to Abaya who remains a suspect under
investigation. Apparently, Abaya has mistaken or deliberately wants
to construe the administrative bail offered him by the Commission
as exoneration of criminal complicity in the alleged fraud. The
facts of the case suggest otherwise. He was merely offered bail to
preserve his rights pending the conclusion of investigation.
“Without prejudice to the facts of the case, it is puzzling that
a lawyer of Abaya’s standing would take a brief from third parties
on behalf of a client who is not incapacitated and that lives in
the same city with him.
For the record, it is not the practice of the EFCC to force
suspects to be profiled. Taking mugshot of suspects of crime is
standard procedure in criminal investigation. It beats the
imagination why Abaya would want to be treated differently,” he
concluded.