Blessing Ibunge in Port Harcourt

A Rivers State High sitting in Port Harcourt has fixed April 12,  to hear motions and preliminary objections on the fundamental human rights suit filed by the Chairman of Ibeto Cement, Cletus Ibeto, against the Economic and Financial Crimes Commission (EFCC) and Daniel Chukwudozie.

Ibeto (Applicant) had filed the application in Suit No. PHC/268/FHR/2022, on fundamental human rights.

The applicant seeks the court to prevent the EFCC from investigating allegations of fraud bordering on obtaining by false pretense the sum of N4.8 billion, forgery and criminal breach of trust brought against him by Dozzy Oil and Gas Limited.

In the originating motion on notice, it prayed the court to declare the harassment of Ibeto unlawful, declare that EFCC is not empowered to tackle contract matters, EFCC lacks power to handle land transactions, an injunction to restrain EFCC from arresting Ibeto and to pay N500 million damages for unconstitutional arrest of the applicant.

At the resumed sitting yesterday, the applicant’s counsel, Henry Bello told the court that the matter was fixed for hearing on motion.

Bello who represented their lead counsel in the case, Onyechi Ikpeazu, a Senior Advocate of Nigeria, told the court that he was yet to reply the preliminary objections by the first respondent (EFCC).

However, counsel for the EFCC, Simon Ibekwute, drew the court’s attention to his Preliminary Objection filed on February 21, 2022, saying that the court lacks jurisdiction to entertain the suit in Rivers State, adding that the alleged infringement of the applicant’s fundamental human rights occurred in Abuja.

Ibekwute also filed a motion for extension of time as his processes filed was not within the time limit as provided by law.

Also, counsel for the second respondent (Daniel Chukwudozie), Okey Obikeze, said he filed a preliminary objection motion on February 14 to counter the motion filed by the applicant.

On the extension of time by the EFCC, both the applicant counsel and second respondent did not oppose the application.

 Following the submissions by the counsels in the matter, the trial Judge, Justice Boma Diepiri, adjourned the matter till April 12, 2022 for hearing on the motions and counter motions by the parties.

Justice Diepiri also directed parties in the matter to filed all their proceedings before the adjourned date, to enable the court to hear the matter and possibly fix date for judgement.

Speaking with journalists outside the courtroom,  Bello explained that “The matter came up today for hearing, however, we could not proceed today for hearing because the first respondent (EFCC) filed their processes out of time. They didn’t file within the time specified by the fundamental human right enforcement procedure rules of 2009.

“They did the right thing by bringing their application for extension of time and we didn’t oppose. It was granted and the case is now adjourned till April 12 for hearing. On our own we did not oppose.”

 On his part,  Obikeze, said: “Each of the respondents filed motion challenging court jurisdiction to hear the matter here (Port Harcourt), because what Ibeto complained of was that when he visited EFCC off in Abuja, he was not allowed to take his medicine, eat food and was their custody for 12 hours. These he termed to be against his fundamental human right.

“Dozzy and EFCC filed a separate motion saying that the court in Port Harcourt lacks jurisdiction to hear the matter, that it is High Court in Federal Capital Territory Abuja that can hear the matter because what they complained was that they were not well treated in EFCC office in Abuja”.

 Blessing Ibunge in Port Harcourt

A Rivers State High sitting in Port Harcourt has fixed April 12,  to hear motions and preliminary objections on the fundamental human rights suit filed by the Chairman of Ibeto Cement, Cletus Ibeto, against the Economic and Financial Crimes Commission (EFCC) and Daniel Chukwudozie.

Ibeto (Applicant) had filed the application in Suit No. PHC/268/FHR/2022, on fundamental human rights.

The applicant seeks the court to prevent the EFCC from investigating allegations of fraud bordering on obtaining by false pretense the sum of N4.8 billion, forgery and criminal breach of trust brought against him by Dozzy Oil and Gas Limited.

In the originating motion on notice, it prayed the court to declare the harassment of Ibeto unlawful, declare that EFCC is not empowered to tackle contract matters, EFCC lacks power to handle land transactions, an injunction to restrain EFCC from arresting Ibeto and to pay N500 million damages for unconstitutional arrest of the applicant.

At the resumed sitting yesterday, the applicant’s counsel, Henry Bello told the court that the matter was fixed for hearing on motion.

Bello who represented their lead counsel in the case, Onyechi Ikpeazu, a Senior Advocate of Nigeria, told the court that he was yet to reply the preliminary objections by the first respondent (EFCC).

However, counsel for the EFCC, Simon Ibekwute, drew the court’s attention to his Preliminary Objection filed on February 21, 2022, saying that the court lacks jurisdiction to entertain the suit in Rivers State, adding that the alleged infringement of the applicant’s fundamental human rights occurred in Abuja.

Ibekwute also filed a motion for extension of time as his processes filed was not within the time limit as provided by law.

Also, counsel for the second respondent (Daniel Chukwudozie), Okey Obikeze, said he filed a preliminary objection motion on February 14 to counter the motion filed by the applicant.

On the extension of time by the EFCC, both the applicant counsel and second respondent did not oppose the application.

 Following the submissions by the counsels in the matter, the trial Judge, Justice Boma Diepiri, adjourned the matter till April 12, 2022 for hearing on the motions and counter motions by the parties.

Justice Diepiri also directed parties in the matter to filed all their proceedings before the adjourned date, to enable the court to hear the matter and possibly fix date for judgement.

Speaking with journalists outside the courtroom,  Bello explained that “The matter came up today for hearing, however, we could not proceed today for hearing because the first respondent (EFCC) filed their processes out of time. They didn’t file within the time specified by the fundamental human right enforcement procedure rules of 2009.

“They did the right thing by bringing their application for extension of time and we didn’t oppose. It was granted and the case is now adjourned till April 12 for hearing. On our own we did not oppose.”

 On his part,  Obikeze, said: “Each of the respondents filed motion challenging court jurisdiction to hear the matter here (Port Harcourt), because what Ibeto complained of was that when he visited EFCC off in Abuja, he was not allowed to take his medicine, eat food and was their custody for 12 hours. These he termed to be against his fundamental human right.

“Dozzy and EFCC filed a separate motion saying that the court in Port Harcourt lacks jurisdiction to hear the matter, that it is High Court in Federal Capital Territory Abuja that can hear the matter because what they complained was that they were not well treated in EFCC office in Abuja”.

 Blessing Ibunge in Port Harcourt

A Rivers State High sitting in Port Harcourt has fixed April 12,  to hear motions and preliminary objections on the fundamental human rights suit filed by the Chairman of Ibeto Cement, Cletus Ibeto, against the Economic and Financial Crimes Commission (EFCC) and Daniel Chukwudozie.

Ibeto (Applicant) had filed the application in Suit No. PHC/268/FHR/2022, on fundamental human rights.

The applicant seeks the court to prevent the EFCC from investigating allegations of fraud bordering on obtaining by false pretense the sum of N4.8 billion, forgery and criminal breach of trust brought against him by Dozzy Oil and Gas Limited.

In the originating motion on notice, it prayed the court to declare the harassment of Ibeto unlawful, declare that EFCC is not empowered to tackle contract matters, EFCC lacks power to handle land transactions, an injunction to restrain EFCC from arresting Ibeto and to pay N500 million damages for unconstitutional arrest of the applicant.

At the resumed sitting yesterday, the applicant’s counsel, Henry Bello told the court that the matter was fixed for hearing on motion.

Bello who represented their lead counsel in the case, Onyechi Ikpeazu, a Senior Advocate of Nigeria, told the court that he was yet to reply the preliminary objections by the first respondent (EFCC).

However, counsel for the EFCC, Simon Ibekwute, drew the court’s attention to his Preliminary Objection filed on February 21, 2022, saying that the court lacks jurisdiction to entertain the suit in Rivers State, adding that the alleged infringement of the applicant’s fundamental human rights occurred in Abuja.

Ibekwute also filed a motion for extension of time as his processes filed was not within the time limit as provided by law.

Also, counsel for the second respondent (Daniel Chukwudozie), Okey Obikeze, said he filed a preliminary objection motion on February 14 to counter the motion filed by the applicant.

On the extension of time by the EFCC, both the applicant counsel and second respondent did not oppose the application.

 Following the submissions by the counsels in the matter, the trial Judge, Justice Boma Diepiri, adjourned the matter till April 12, 2022 for hearing on the motions and counter motions by the parties.

Justice Diepiri also directed parties in the matter to filed all their proceedings before the adjourned date, to enable the court to hear the matter and possibly fix date for judgement.

Speaking with journalists outside the courtroom,  Bello explained that “The matter came up today for hearing, however, we could not proceed today for hearing because the first respondent (EFCC) filed their processes out of time. They didn’t file within the time specified by the fundamental human right enforcement procedure rules of 2009.

“They did the right thing by bringing their application for extension of time and we didn’t oppose. It was granted and the case is now adjourned till April 12 for hearing. On our own we did not oppose.”

 On his part,  Obikeze, said: “Each of the respondents filed motion challenging court jurisdiction to hear the matter here (Port Harcourt), because what Ibeto complained of was that when he visited EFCC off in Abuja, he was not allowed to take his medicine, eat food and was their custody for 12 hours. These he termed to be against his fundamental human right.

“Dozzy and EFCC filed a separate motion saying that the court in Port Harcourt lacks jurisdiction to hear the matter, that it is High Court in Federal Capital Territory Abuja that can hear the matter because what they complained was that they were not well treated in EFCC office in Abuja”.