Businessman reveals how EFCC declared him wanted unlawfully

• Businessman and oil dealer Henry Mobolaji Akinduro has sued the Economic and Financial Crimes Commission (EFCC)
• The businessman sued the antigraft body for declaring him wanted unlawfully
• He demanded N5 billion from the agency, saying he was neither served a notice nor invited by the EFCC

Henry Mobolaji Akinduro, Chairman/CEO of Global Signature Hotel and Total Grace Group Limited, has filed a N5 billion lawsuit against the Economic and Financial Crimes Commission (EFCC) for allegedly declaring him wanted unlawfully.

In the suit filed on Wednesday, October 16, 2024, at the Federal High Court, Lagos, Akinduro submitted that the EFCC declared him wanted without any form of judicial intervention, recourse to constitutional safeguards or order of the Court.

Akinduro demands compensation from EFCC over infractions
Source: Facebook

Akinduro seeks N5 billion as ‘general damages’

The EFCC declared the oil magnate 'Wanted' on Friday, October 11,  2024, at 7.20 pm on its official Twitter handle, known as 'X'. The businessman is praying that the court order the EFCC to remove his name from the wanted list published on its official website or any other related platform, including Twitter (X).

On Monday, October 14, 2024, the businessman, via his Counsel, Olalekan Ojo SAN, petitioned the Executive Chairman of the EFCC over the unconstitutional violation of his fundamental human rights to personal liberty and human dignity by publishing his name on the list of wanted persons on the EFCC’s website.

In the petition, Ojo averred that no order of any Court of competent jurisdiction authorising the publication existed preceding it and that no charge had been filed against their client before any court of law.

The crux of the matter 

According to Akinduro’s Lawyer, the Commission had allegedly made the said illegal or unlawful publication, declaring him wanted upon the prompting or instigation of one Femi Olushakin, who had earlier written a petition against the oil magnate in respect of a N240 million contractual dispute between them —Messrs Olushakin and Akinduro.

He affirmed that disputes had arisen from the investment agreement between the two men, which led to Olushakin petitioning EFCC.

“The Commission invited Our Client (Akinduro) on 4th June 2024, and he immediately responded via letter dated 5th June 2024, notifying the Commission of his unavailability due to medical reasons. The letter stated that our client was out of the country and receiving medical attention. He subsequently provided assurances that he would be present at the Commission as soon as he was medically cleared to travel. It is pertinent at this juncture to chronicle the genesis of the subject matter which led to the declaration of our Client Wanted by the Commission,” Ojo stated.

The Counsel disclosed that a business transaction between Akinduro and Olushakin was backed by viable collateral, which included Akinduro's Global Signature Hotel worth N500 million, three (3) 60-seater Yutong buses valued at over N240 million, and a Toyota 4Runner SUV.

Ojo claimed that Olushakin sold the three 60-seater Yutong buses and currently drives around the city in the Toyota 4Runner SUV, which was used as collateral by Akinduro.

“It is clear from the above that this is a purely civil business transaction with no element of criminality. Mr. Femi Olushakin maliciously petitioned the Commission after selling the 60-seater Yutong buses and currently using the Toyota 4runner SUV for his personal use,” he stated.

No prior invitation was given

The senior lawyer added that despite Akinduro’s medical condition overseas, he has maintained close communication with the Commission.

• “Our Client regularly sends his Legal Officer to the Commission, affirming his willingness and desire to appear before the Commission upon due confirmation of his being fit to travel by his doctors. There was no further request by the Commission to invite our Client before the unlawful publication.

“It is to be further noted that on 11 October 2024, our Client's Legal Officer was physically present at the office of the Commission around noon to submit correspondence to the Commission, and he also reassured the Operatives of the Commission of our Client's desire and willingness to cooperate with the investigation by the Commission upon his arrival in Nigeria.“It is regrettable that despite the repeated reassurances of our Client to cooperate with the investigation upon his arrival in Nigeria, the Commission proceeded to declare our Client 'Wanted' later that same day at about 7.20 pm without an order of Court and in the absence of a valid charge in a Court of law.“The Commission published our Client's name and photograph depicting our Client as a fugitive from the law and branded him "WANTED" without evidence of evading investigation. This action of the Commission has not only defamed our Client but also violated our Client's right to freedom of movement without the order of the Courts.“The Commission has also, by the unlawful publication, subjected our Client to public humiliation and ridicule, thus causing our Client loss of personal and business relationships and reputational damage. It is our instruction that since the publication, our Client has been inundated with calls and WhatsApp messages from his business associates all over the world who had read the post expressing their disgust and dismay at the defamatory publication, and the said publication has also caused our Client emotional trauma and distress.”

Akinduro’s lawyer frowns at EFCC’s action.

Akinduro, through his lawyer, said it imperative to straighten the records to show that the fraud allegations are trumped-up allegations aimed at causing incalculable damage to his hard-earned but richly deserved reputation.

“It is pertinent to state that the petition against Henry Akinduro was an ignoble attempt to criminalise purely contractual disputes that had arisen from the investment agreement between Dr. Henry Akinduro and the Petitioner, Mr. Femi Olushakin," he said.

Ojo stated that the parties had earlier referred the commercial or contractual disputes to the competent Court before Olushakin resorted to lodging the fraud allegations against the oil magnate for reasons best known to him. 

Agbakoba said EFCC is illegal

Legit.ng earlier reported that Olisa Agbakoba, a former president of the Nigerian Bar Association (NBA), has called on the national assembly to convene a public hearing to consider constitutional issues surrounding the establishment of the Economic and Financial Crimes Commission (EFCC).

Agbakoba said the EFCC is unconstitutionally established and is an unlawful organisation.

As reported by TheCable, Agbakoba stated this in two separate letters addressed to the Senate and House of Representatives on Monday, October 14.

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Source: Legit.ng