Following alleged endless invitations by the Economic and Financial Crimes Commission (EFCC), threats of arrest and mental torture, the lawyer of Chief Innocent Chukwuma and founder of Innoson Manufacturing Motors Limited, Prof. McCarthy Mbadugha, (SAN) through his counsel, Chief Mike Ozekhome (SAN), has filed a fundamental human rights suit at the Federal High Court, Abuja against the EFCC and five others.
The other defendants include Guaranty Trust Bank (GTB) and EFCC staff.
This is contained in a statement by the head of corporate communication and public affairs of Innoson Group, Cornel Osigwe and made available to LEADERSHIP in Abuja on Wednesday.
According to the statement, as a result of the suit to enforce Prof. Mbadugha’s fundamental human rights, Hon. Justice I.E. Ekwo made an ex parte order on February 21, 2022 pursuant to Prof. Mbadugha’s ex parte application which was argued by his counsel, Chief Ozekhome.
The said order and the originating substantive summons have been served on the EFCC and all parties in the action.
The statement noted that at the resumed hearing on February 25, 2022 in which EFCC and two of its staff who are co-defendants along with GTB were represented by their counsels, the trial judge, Justice Ekwo ordered that none of the parties before the court should take any further step in respect of the case which includes re-inviting and re-arresting the applicant.
Also, the court made an order for accelerated hearing of the substantive application and adjourned the matter to March 29, 2022 for hearing.
In the statement, Innoson Nigeria Ltd had expressed its concerns about the new trend in its long running legal battles with GTB.
“Innoson Nigeria Ltd is concerned about the alleged interference of the Economic and Financial Crimes Commission (EFCC) in the legal matters in a manner that it has allegedly became apparent that EFCC is pursuing the interest of GTB in the pretext of exercising its statutory investigatory powers and
curbing of financial crimes,” the auto maker said.
It added that sometimes in January 2022, EFCC invited Prof. J. N. McCarthy Mbadugha, SAN, counsel to Innoson Nig Ltd, to an interview on February 1, 2022 and he honoured the invitation.
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“During the interrogation, EFCC showed him the counter affidavit to show cause which his secretary deposed to and filed on 23rd March 2011 in opposition to GTB’s affidavit to show cause in a matter which has been decided by the Federal Court and the decision of the Federal High Court which was affirmed by the Court of Appeal is presently pending at the Supreme Court- SC. 694/2014.
“EFCC told the Learned Silk that the depositions in the counter affidavit to show cause were false and asked him the source of the information. But the learned SAN emphatically told EFCC that the depositions are true. That it was his client that provided all the information he used in prosecuting the case and that he verily believed his client. The Learned Silk insisted that both the trial court and Court of Appeal found that the depositions in GTB’s affidavit were false and that GTB did not deny the depositions in the counter affidavit of 23rd of March 2011 and that he relies and stands on the judgments of the two courts which have settled the matter and can only be overturned upon appeal and not the needless belated charade of investigation of the truth of the stated facts,” the statement said.
It also alleged that the EFCC kept him in its custody for over seven hours.
Subsequently Mbadugha’s counsel, Chief Ozekhome, filed at his instruction, a fundamental human rights suit at the Federal High Court, Abuja against EFCC and five others persons including GTB.
Consequently, an ex parte application was filed at the Federal High Court Abuja by Chief Ozekhome, praying the court for an ex-parte order of injunction restraining the EFCC from inviting, arresting or detaining or
keeping in its custody the counsel to Innoson Nigeria Ltd, Prof J. N. Mbadugha SAN, in relation to what it called frivolous allegations which he knows nothing about pending the hearing and determination of the substantive originating motion.
The Federal High Court granted the application and ordered that status quo ante bellum as at February 7, 2022 be maintained until the determination of the originating motion.
