EFCC opposes Ubah’s suit on alleged land fraud

OCTOBER 30, 2013

EFCC boss, Ibrahim Lamorde

The Economic and Financial Crimes Commission has opposed a suit filed by an Anambra State governorship candidate, Mr. Ifeanyi Ubah, to stop the commission from investigating the land fraud and forgery allegations levelled against him.

EFCC stated in its counter affidavit, filed before a Federal High Court, Lagos, that Ubah and his company, Capital Oil and Gas Ltd, were being investigated for various allegations of fraud emanating from a land transaction.

According to the EFCC, the transaction borders on a parcel of land located along Apapa-Oshodi Expressway, Ibafon, Kirikiri, Apapa, Lagos, which was allegedly leased to Ubah and Capital Oil “for a ridiculous amount of N600m for a tenure of 30years.”

Ubah and the Capital Oil had filed the fundamental rights enforcement suit, FHC/L/CS/666/13, seeking “an order of perpetual injunction restraining the respondents from persecuting, detaining, threatening to detain or prosecuting the applicants” in respect of the case.

Apart from the EFCC Chairman, Mr. Ibrahim Lamorde, other respondents in the suit are the Inspector-General of Police, Mr. Mohammed Abubakar, and the Attorney-General of the Federation, Mr. Mohammed Adoke (SAN).

The applicants are also, through the suit, which is before Justice Saliu Saidu, seeking an order of perpetual injunction restraining all the respondents from conducting further “inquisition” on the transaction and declaring it “illegal, null, void and an infringement of their fundamental rights.”

An EFCC operative, Mr.OsitaChiwendu, stated in the affidavit, dated June 5, 2013, that the commission received two separate petitions, one of which was dated November 28, 2013 from DejiSasegbon& Co. on behalf of DysTroccaVaksesia& Co Ltd, against Ubah and Capital Oil.

The counter affidavit read in part, “We studied the said petitions against the applicants and the petitions made allegations of fraud, obtaining registration by false pretence; forgery, uttering of forged documents; conspiracy to obtain by false pretence; obtaining money by false pretence; tax evasion and underpayment of consent fees against the applicants.”

Chiwendu, in the 35-paragraph affidavit, stated that it would “be in the interest of justice to refuse the reliefs sought.”

“The petition alleged that the applications connived with a former Managing Director and Secretary of GTV and executed a deed of lease, leasing the petitioners a parcel of land situated at Apapa-Oshodi Expressway, Ibafon, Kirikiri, Apapa, for a ridiculous amount of N600m for a tenure of 30years.”

as the application would not be prejudiced by the refusal of the reliefs.”

The court on Tuesday fixed November 4 for hearing of a fresh application brought by Ubah seeking an extension of time to file an additional affidavit in support of the suit.