Firm Petitions Tinubu, Accuses Navy, EFCC of Flouting Court Order

Wale Igbintade

A firm, Melka West Africa Limited, has accused the Nigerian Navy and the Economic and Financial Crimes Commission (EFCC) of flagrant disregard for court judgments/orders and abuse of the rule of law.

The firm in a petition signed by Emmanuel Osaghae, and addressed to President Bola Ahmed Tinubu and the Senate President, Godswill Akpabio, also accused the duo of using military force to enforce civil transactions between two private legal entities which has nothing to do with the security of the country nor any crime within the remit of the EFCC enabling Act.

The firm in its petition is seeking President Tinubu’s intervention and directive over alleged flagrant disobedience of the order of Justice I O Harrison by the EFCC, and the Nigerian navy.

Copies of the petition dated August 1, 2023, were also sent to the Speaker of the House of Representatives, Tajudeen Abbas; the Chief Justice of Nigeria (CJN), Olukayode Ariwoola, and the office of the Attorney-General and Minister of Justice.

The petitioner stated that as the owner of a Tugboat named M.V. Naomi Princess with official number SR 2683 and IMO Number 9743112, on December 16, 2023, First Bank of Nigeria Limited made a Credit Facility Offer (CFO) to Melka West Africa Limited and subsequently executed the contractual transaction in question.

The vessel, according to the firm, was made security for the facility under a vessel mortgage which was strictly between Melka West Africa and First Bank of Nigeria Plc wherein late Chief Mike Uwaka executed the contract in his capacity as the managing director/chief executive officer, and gave a personal guarantee of the facility.

However, the relationship between the parties deteriorated and resulted in a legal action in suit number FHC/L/CS/667/2017 – First Bank of Nigeria Plc vs MV Naomi Princess and Melka West Africa, before Justice Chuka Obiozor of a Federal High Court, Ikoyi, Lagos.

The petitioner stated that Justice I O Harrison had in her judgment dated June 2, 2020, on the enforcement of fundamental rights suit filed by the petitioner, between Mrs. Elsie Uwaka and the Economic and Financial Crimes Commission, Shaibu Umar, and First Bank of Nigeria Limited, restrained the 1st and 2nd respondents by themselves, their agents and servants from using their coercive and penal powers to harass and intimidate the applicant and her business associates from acting at the instigation of the 3rd respondent to perpetrate any further violation of the applicant’s fundamental rights whilst a suit between parties is still pending at the Court of Appeal.

The court also restrained the respondents from arresting, disturbing or interfering with the business operations of the applicant or through further threat of incitation, investigation of her business operations, and disruption of her banking operations, intimidation, and unnecessary interrogation in any other way or manner whatsoever.

The petitioner stated: “Considering that the EFCC is again in the midst of blatantly disregarding several orders of the court on this matter and has found a willing ally in the Nigerian navy who remains in lock-step with the EFCC on the disregard and undermining of the coercive orders of the courts in respect of a simple commercial matter between two private companies, we seek to use this medium to plead for urgent intervention in this matter and see that agencies of government like the Nigerian navy and the EFCC adhere to the rule of law; do not see themselves bigger than our system of governance and refrain from their involvement in civil transactions under any guise.

“Suffice it to state that the current political dispensation of the Nigerian Government already has a proven track record in preserving the rule of law in the light of the renewed efforts of this administration at restoring the confidence of the citizenry, in the judicial system and strengthening the pillars of justice that sustain the nascent democracy.

‘’The petitioner humbly implores you to use your good office to urgently intervene in the current situation involving the EFCC, Nigerian navy, First Bank of Nigeria Limited, and Melka West Africa Limited with a view to maintaining law and order and ensuring that no agency of the Nigerian Government regards itself greater than the Nigerian state or its arm of government in a brazen manner both the Nigerian navy and the EFCC have shown in this matter, so as not to bring the good works of this government to public opprobrium.”