A
Federal Capital Territory High Court, Maitama, today, September 8, 2017
dismissed a fundamental human right enforcement procedure act brought
against the Economic and Financial Crimes Commission, EFCC, by a
purported importer of cars, Olalekan Olakehinde, seeking N500 million in
damages, after the EFCC seized 17 vehicles believed to be proceeds of
illicit activities.
The
said vehicles had been traced to Liman Kantigi, a former Commissioner
for Local Government in Niger State, who is also a former governorship
aspirant. They were suspected to be illegally acquired. About N6
billion was also traced to him, which he could not account for. While
Kantigi is yet to honour the invitation of the EFCC, the anti-graft
agency has already secured an interim forfeiture order of the account
where the money is domiciled. The order remains valid as it has not been
vacated.
Like
Kantigi, Olakehinde has also wilfully refused to honour invitations by
the EFCC, but instead instituted the fundamental human right enforcement
procedure action against the EFCC. Investigations had revealed that, in
spite of his claim to being the Chairman of AY Emirate Motors Limited,
he was in fact, a front for Kantigi.
Olakehinde
had through his counsel, Aliyu Umar, SAN, approached the court, with a
23 paragraph affidavit, dated June 13, 2017 seeking for seven prayers.
Specifically, he urged the court to “award damages against the EFCC in
the sum of N500 million”, and asked for “an order or perpetual
injunction” against the EFCC.
Aliyu
Bokani, counsel for the EFCC, filed a 227 paragraph counter-affidavit
in opposition to the applicant’s motion on notice, arguing that
Olakehinde benefited from illegal activities and suspicious
transactions, running into millions of naira, which prompted an
investigation of his business dealings.
“The
said AY Emirate Motors Limited was registered in 2015, while the
illicit transfer of over N80 million from a company linked to Kantigi
was carried out in 2014 into Olakehinde’s personal account and not that
of AY Emirate Motors,” Bokani said.
He
further explained that: “Investigations revealed that the said money
were transferred before the incorporation of AY Emirate Motors Limited.”
Justice
Halilu Yusuf, a vacation judge, who presided over the matter, in his
judgement, noted that “Olakehinde instituted the suit so that he will
not honour the invitation.”
“I therefore dismiss the suit in its entirety,” the trial judge held.
Meanwhile, the EFCC will soon secure the final forfeiture of the seized proceeds of crime.
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