Crime
Court To Hear Ibeto’s Suit Against EFCC May 11
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In Port Harcourt, an high court has set 11th of May for hearing of the chairman of Ibeto Cement against EFCC
- Recall that the hearing was initially scheduled for Monday
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EKO HOT BLOG reports that Justice Boma Diepiri of Rivers State High Court in Port Harcourt has fixed May 11 for hearing of the rights enforcement suit by Chairman of Ibeto Cement Cletus Ibeto against the Economic and Financial Crimes Commission (EFCC) and a businessman, Chief Daniel Chukwudozie.
Justice Diepiri, who earlier fixed Monday for the hearing, adjourned due to an application by Ibeto’s lawyer Onyechi Ikpeazu (SAN) for more time to reply counter-affidavits filed by the respondents.
EFCC’s lawyer Simon Ibekwute and the second respondent’s, Patrick Ikwueto (SAN), urged the court to give them time to reply to the applicant’s motions.
Justice Diepiri directed the counsel to get their processes ready before the next adjourned date.
Ibeto sued the EFCC and Chukwudozie, seeking to prevent the anti-graft agency from investigating allegations of fraud bordering on obtaining by false pretence N4.8 billion, forgery and criminal breach of trust brought against him by Dozzy Oil and Gas.
He is asking the court to declare that his harassment by the respondents is unlawful, to restrain EFCC from arresting him and order them to pay him N500 million damages for his arrest.
But EFCC urged the court to dismiss the suit for lacking in merit.
It said the invitation and interview of the applicant by its officers was lawful because there was a petition against him which alleges the commission of an economic and financial crime.
The agency also urged the court to refuse the applicant’s prayer for a perpetual injunction to restrain it because it would amount to the court lending itself as a shield against his investigation and possible prosecution for alleged criminal infractions.
EFCC claimed that its investigation linked the applicant with the commission of the alleged offences.
“In other words, a prima facie case has been made out against him,” it said.
In his preliminary objection, Chukwudozie urged the court to dismiss the suit because it lacked jurisdiction to hear it.
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He maintained that the alleged infringement occurred in Abuja, and not Rivers so, it is only a court sitting in Abuja that can entertain the matter.
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