A FEDERAL High Court in Lagos on Tuesday said it would hear a fundamental rights application filed by the Chairman of Capital Oil and Gas, Ifeanyi Ubah, over alleged infringement on his rights on February 7.
The suit, which was filed on behalf of Ubah by his counsel, Mr. R.A. Oluyede, has the Inspector General of Police (IGP) as the first respondent.
Joined also as respondents in the suit are the Commissioner of Police, Special Fraud Unit (CP, SFU) Mr. Ayotunde Ogunsakin; Access Bank Managing Director, Mr. Aigboje AIG-Imokhuede and Managing Director of Coscharis Motors, Mr. Cosmas Maduka.
Justice Chukwujekwu Aneke fixed the date after counsel to Coscharis Motors had said they were not served the originating processes by the applicant.
But at the resumed hearing on the case yesterday, counsel to the applicant informed the court that the applicant's originating processes had been duly served on all respondents since January 20. He told the court that he was ready to proceed with the case.
Counsel to fourth respondent, Mr. Paul Usoro, however, denied service of any process on him by the applicant, adding that the applicant should ensure prompt service on them.
Meanwhile, counsel representing the Inspector General of Police, Mr. Godwin Obla, informed the court that he had filed a notice of preliminary objection to the suit. He said his objection was predicated on the grounds that the applicant cannot, by his application, restrain the first respondent from carrying out its statutory functions.
He told the court that he had also filed a notice of conditional appearance in the suit, together with a written address dated January 28.
Thereafter, Justice Aneke adjourned the matter to February 7 for hearing.
Ubah had filed the application on January 10, seeking an order of court setting aside an alleged interim report issued by the CP SFU, dated November 2, 2012.
The applicant, in his originating motion, averred that the interim report in which the second respondent had purported that the applicant would be arraigned on a prima facie case of money laundering and criminal conspiracy, is a prosecutorial misconduct.
He also averred that another report dated November 3 in which it had stated that the report will be submitted in a case of stealing and economic sabotage, amounted to a breach of the applicant's fundamental rights.
The applicant also seeks a declaration nullifying the complaint made by the presidential committee on verification of oil subsidy payment to oil marketers, as tainted by malice.
Ubah, therefore, seeks an order of perpetual injunction, restraining the IGP, and CP SFU from further harassing, arresting or instituting any criminal process against him.
The applicant is also seeking a compensatory damage of N10 billion to be paid by all respondents jointly and severally, for the injury he suffered as a result of his detention at the Ikoyi, Lagos office of the second respondent for 10 days.
The Guardian
Only God knows when this whole matter would be settled. It is taking too long as far as i'm concerned