Sen. Nwaoboshi prays court to vacate order freezing his assets
*Demands N50m compensation
By Andrew Orolua, Abuja
The senator representing Delta North Senatorial District, Senator Peter Nwaoboshi has asked the Federal High Court in Abuja to set aside its orders freezing his assets, including funds in four banks.
The court had on July 2, upon an ex-parte motion filed the Special Presidential Investigation Panel for the Recovery of Public Property (SPIP) on behalf of the federal government granted the order for interim attachment of the assets, including accounts in Zenith, Access, UBA and Sterling banks.
Sen. Nwaoboshi in a motion on notice filed on July 11, brought to the attention of the court on Wednesday by his lawyer, Robert Clarke (SAN) is also challenging the court’s jurisdiction to further grant audience to the SPIP in relation to his assets.
The senator’s prayers as contained in the motion, include “an order setting aside and/or annulling, ex-debito justitiae (as a matter of right) the interim forfeiture and restraining orders made in this suit on July 2 pursuant to the amended motion ex-parte dated November 22, 2018.
“An order indemnifying the applicant by the complainant/ respondent to the full extent of the losses and damages suffered by the applicant by reason of the said ex-parte interim forfeiture and restraining orders from July 6 in the sum of N50 million.”
He is contending in the suit that the SPIP made false claims in obtaining the orders and that the ex-parte interim forfeiture and restraining orders were filed, and obtained by the SPIP in the absence of any lawful authority.
“By the decision in Tumsah v. FRN (2018) 17 NWLR (Pt. 1648) 238, the SPIP lacks the competence to institute this suit and to seek and obtain the said ex-parte interim forfeiture and restraining orders, and this honourable court is thereby, divested of the jurisdiction to entertain the suit and/or grant the said ex-parte orders.
“The interim forfeiture and restraining orders were sought and obtained upon deliberate suppression and/or misrepresentation of facts, and with the utmost bad faith.
“The institution of this suit and the filing of the said motion ex-parte for interim forfeiture and restraining orders constitute a grievous abuse of the judicial process,” the applicant further argued.
When the case was called on Wednesday, lawyer to the SPIP, Oluwatosin Ojaomo said his client is yet to be served with the senator’s motion.
Another lawyer, Sylvanus Maliki, who said he represented an interested party, Mrs. Ngozi Aniezu, said he has also filed a motion.
Upon Ojaomo’s observation that he was also not served with the motion by Maliki, Justice Taiwo Taiwo directed that the motions by Nwaoboshi and Maliki be served on the SPIP lawyer.
The senator’s counsel had told the court that his client’s motion was earlier served on the office of the attorney -general of the federation.
But, upon the judge’s directive, Ojaomo accepted service of the documents, following which Justice Taiwo adjourned until August 16 for hearing.
The judge directed Ojaomo to ensure that he responds to all the motions served on him, particularly that by Sen. Nwaoboshi, challenging the court’s jurisdiction.
