17 January 2013

Nigeria: Detention - Ubah Slams N10billion Suit On IGP, Access Bank Boss

Lagos — Managing Director of Capital Oil and Gas Limited, Patrick Ifeanyi Ubah has sued the Inspector General of Police, Muhammed Abubakar and others over his recent detention in connection with N43billion oil subsidy fund they alleged he embezzled.

In the suit filed before Justice Chukwujekwu Aneke, Ubah is seeking N10billion in damages over the treatment meted out to him while in the confines of the Special Fraud Unit (SFU) of the Nigerian Police for ten days.

Joined as defendants in the suit are Commissioner of police in charge of the SFU, Ayotunde Ogunsakin; Managing Director of Access Bank, Aigboje AIG-Imokhuede and the Chief Executive Officer of Coscharis Motors, Cosmas Maduka.

The embattled boss of Capital oil is seeking an order setting aside an interim report of police investigation into the alleged crime, and another order stopping the police from prosecuting him on the alleged crime.

Barrister R.A Oluyede,who filed the court action on behalf of Ubah, is seeking an order of court setting aside an alleged interim report issued by the CP, SFU, dated November 2, 2012.

He also seeks a declaration nullifying the report made by the presidential committee on verification of oil subsidy payment to oil marketers, which report portrays the applicant as being involved in stealing and money laundering, as tainted by malice.

He stated in his originating motion that the interim report, in which the second respondent, had purportedly stated that the applicant will be arraigned on a prima facie case of money laundering and criminal conspiracy, is prosecutorial misconduct.

According to him, another report dated November 3, 2012 in which it had stated that the report will be submitted in a case of stealing and economic sabotage, against the applicant, also amounted to a breach of the applicant's fundamental rights.

He maintained that his alleged unlawful detention amounted to a violation of his freedom of liberty as enshrined in section 35 of the 1999 constitution.

When the matter came up on Wednesday, Police counsel, Chief Godwin Obla told the court that he had entered a conditional appearance in the suit when the proceedings came up on Wednesday.

Justice Aneke adjourned the matter to January 29 this year,for hearing.

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