AITCO asks court to restrain FG, EFCC from registering UK Court order

Justice Gabriel Kolawole of the Federal High Court Abuja, on Wednesday fixed February 9, for ruling in a motion on notice brought by AITEO Eastern E & P Company Ltd seeking to restrain the Attorney General of the Federation, and the Economic and Financial Crimes Commission from registering and enforcing United Kingdom Court forfeiture order in Nigeria.

The motion was argued by Wole Olanipekun (SAN), on behalf of AITEO before Justice Kolawole, Wednesday. The counsel basically prayed the court for an order of interlocutory injunction against the Attorney General of the Federation and Economic and Financial Crimes Commission.

Specifically, the plaintiff’s motion prayed for an order restraining the AGF from taking steps aimed at crippling the business operations and freezing of accounts belonging to AITEO.

“An order of interim injunction restraining the defendants jointly or severally, either by themselves, agents, operatives, privies, servants, aides or through any persons howsoever from interfering with or obstructing the business operations, activities and undertakings of the plaintiff, either by way of embargoing or freezing any of its accounts or obstructing it’s activities in any way or manner whatsoever”.

AITEO also prayed for “An order of interim injunction restraining the defendants jointly or severally, either by themselves, agents, operatives, privies, servants, aides or through any persons howsoever from relying on, activating, making use of, registering and or applying/enforcing the ex parte restraint order dated 19 October, 2017, made in suit Nos: 82/17, in the Matter of Benedict Peters (alleged offender) and Nnenna Peters and 5 others (third parties) etc, by the Crown Court, sitting at Southwark, United Kingdom, coram, His Honour Judge Beddoe, to disrupt, distract, frustrate, meddle (with), hinder, impede the business operations, undertakings, negotiations and activities of the plaintiff.

In urging the court to grant an interlocutory injunction against the defendants, Olanipekun told the court that what the 2nd defendant (EFCC) in its counter affidavit and written address “was to set out a completely different case and decided to address the court on it”.

He wondered why the EFCC is opposed to the application, when the AGF did not file any process in opposition.

“The AGF has not filed any counter affidavit or written address to oppose the motion due to public interest; we are talking about the sovereignty of Nigeria. The 2nd defendant (EFCC) cannot cry more than the bereaved” Olanipekun argued.

However, the AGF represented by Oyinkole Oso, confirmed he did not file any counter affidavit, but aligned himself with the submission and processes filed by counsel to the EFCC.

In opposition to the plaintiff’s application, G.K Olatonu, counsel to the EFCC urged the court to dismiss the motion.

The EFCC lawyer submitted that “the entire plaintiff’s motion on notice is grounded on speculation” insisting that the plaintiff has not made any case to warrant the court to grant an order in its favour.

In addition, Olatonu argued that the instant application and the grounds upon which it was based, “constitutes an abuse of court process”.

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He informed the court that Benedict Peters, the alter ego of AITEO in the instant suit marked FHC/ABJ/CS/1170/2017, is the plaintiff in a sister suit marked FHC/ABJ/CS/1063/2017.

He added that the AGF and EFCC are also defendants in both suits, which have the same subject matter, bordering on the exparte restraint order dated 19 October, 2017, made in suit nos: 82/17, in the Matter of Benedict Peters (alleged offender) and Nnenna Peters and 5 others (third parties) etc, by the Crown Court, sitting at Southwark, United Kingdom.

Contrary to the argument of Olanipekun, the EFCC lawyer insisted that the case of Access Bank pls, involving Akingbola, was “inapplicable to the facts of the instant suit”.

“In that Akingbola’s case, attempts were made to register the exparte restraint order made in UK on October 19, 2017. But in this present scenario, the plaintiff has not shown any date, time, process or step taken by the EFCC to register the exparte restraint order in Nigeria.

He therefore urged the court to dismiss the application seeking interlocutory injunction against the defendants.

In a sister suit marked FHC/ABJ/CS/1063/2017, the court equally slated February 9, for ruling in a motion on notice filed by Wole Olanipekun, on behalf of Benedict Peters and 6 others against the AGF and others.

In opposing the suit, the EFCC lawyer said the two reliefs sought by Olanipekun was “An attempt to whittle down or vary the exparte order of interim forfeiture granted the commission by Justice Binta Nyako, in which the plaintiff has joined issues with the defendants.

Ruling on the matter has been fixed for February 9, 2017.

Andrew Orolua, Abuja