The Inspector-General of Police,
Mr. Mohammed Abubakar, has asked a Federal High Court, Lagos to
dismiss a N10bn suit filed by Capital Oil and Gas Ltd and its chairman, Ifeanyi
Uba, seeking to be shielded from any criminal prosecution.
The Special Fraud Unit of
the police in Lagos in October 2012 held Uba and five of his employees in
custody for 10 on the basis of investigating them for alleged N40bn fuel
subsidy fraud.
Uba is by his suit seeking
N10bn compensatory damages against the IG, and other respondents including, the
Chief Executive Officer of Access Bank Plc, Mr. Aigboje Aig-Imokhuede, for
alleged illegal detention.
Counsel for the IG, Mr.
Godwin Obla, on Tuesday informed the presiding judge, Justice
Chukwujekwu Aneke that he had filed a preliminary objection to the
suit urging the court to refuse the suit for lack of jurisdiction.
Among the IG’s
grounds for seeking the striking out of the suit is that it “does
not disclose a reasonable cause of action against” the police “and the court in
consequence lacks the jurisdiction to entertain the suit”.
Obla also
argued that the police cannot be restrained from carrying out their
constitutional duty of investigating fraud, having obtained an order of a
magistrate’s court to hold the suspects in custody.
He contended in his
objection that the suit was an abuse of court process as the facts and parties
constituting the suit had been previously litigated and judgment delivered by
Justice Okon Abang of the Federal High Court, Lagos.
“This
suit is an abuse of the process of this court and has been brought to unduly
irritate and annoy the second respondent (the IG),” Obla stated.
Abang had in October 2012
struck out Uba’s suit seeking an order of release from the custody of the SFU
which claimed to be investigating Uba, his firm, Capital Oil
and four others for alleged fraud.
He was later released from
the custody of SFU before the expiration of a remand order earlier granted by a
Magistrate, Mr. Martins Owumi.
But Uba, who by is suit
accuses the police authorities, Aig-Imokhuede and other respondents of
“prosecutorial misconduct”, is seeking the court’s declaration nullifying the
report made by the presidential committee on verification of oil subsidy
payment to oil marketers.
He claimed that the report
of the presidential committee headed by Aig -Imokhuede was tainted by malice as
it had portrayed him as being involved in stealing and
money laundering
Ubah therefore seeks an
order of perpetual injunction, restraining the IGP, and CP SFU, from further
“harassing, arresting or instituting any criminal process” against him.
Other respondents in the
suit are the policeman investigating the fraud allegation against Uba and CEO
Coscharis Motors, Mr Cosmas Maduka.
Justice Aneke has adjourned hearing of the objection and adoption of addresses
till March 7.
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