Nigeria: Oil Magnate, Akinduro, Sues EFCC for Unlawfully Declaring Him Wanted

17 October 2024

....Demands N5bn

Chairman/CEO of Global Signature Hotel and Total Grace Group Limited, Dr. Henry Akinduro, has filed a N5 billion lawsuit against the Economic and Financial Crimes Commission, EFCC, for allegedly declaring him wanted unlawfully.

In the suit filed, yesterday, at the Federal High Court, Lagos, Akinduro is arguing that the EFCC declared him wanted without any form of judicial intervention, recourse to constitutional safeguards or order of court.

The EFCC had on October 11, 2024, on its official twitter handle, also known as 'X' declared the oil magnate 'Wanted'.

The businessman is praying the court to order the EFCC to remove his name from the wanted list published on the commission's official website or any other related platform including X.

On October 14, 2024, the businessman, via his counsel, Olalekan Ojo, SAN, had petitioned the Chairman of EFCC over the unconstitutional violation of his fundamental human rights to personal liberty and human dignity by the publication of his name on the list of wanted persons on the EFCC's website.

Ojo stated in the petition that at all times preceding the said publication, there was no order of any court of competent jurisdiction authorizing the said publication and no charge had been preferred against our client before any court of law.

According to Akinduro's lawyer, the commission had allegedly made the said illegal or unlawful publication declaring him wanted upon the prompting or instigation of one Mr. Femi Olushakin, who had earlier written a petition against the oil magnate in respect of a N240 million contractual dispute between them, Messrs Olushakin and Akinduro.

He affirmed that disputes had arisen from the investment agreement entered into between the two men leading to Olushakin petitioning EFCC.

"Our client (Akinduro) was invited by the commission on June 4, 2024, and he immediately responded via letter dated June 5, 2024, notifying the commission of his unavailability due to medical reasons. In the said letter, it was stated therein that our client was out of the country receiving medical attention.

"He subsequently provided assurances that he would be present at the commission as soon as he was medically cleared to travel. It is pertinent at this juncture to chronicle the genesis of the subject matter which led to the declaration of our client wanted by the commission," Ojo stated.

The counsel disclosed that there was a business transaction between Akinduro and Olushakin which was backed by a viable collateral which included Akinduro's Global Signature Hotel worth N500 million, three 60-Seater Yutong buses valued at over N240 million and a Toyota 4Runner SUV.

Ojo claimed that Olushakin has sold the three 60-Seater Yutong buses and currently drives around the city in the Toyota 4Runner SUV which were used as collateral by Akinduro.

"It is clear from the above that this is a purely civil business transaction with no element of criminality embedded in it. Mr. Olushakin petitioned the commission after selling the 60-Seater Yutong buses and currently using the Toyota 4runner SUV for his personal use," he stated.

He added that despite Akinduro's medical condition overseas, he has maintained close communication with the commission.

"Our client regularly sends his Legal Officer to the commission, affirming his willingness and desire to appear before the commission upon due confirmation of his being fit to travel by his doctors. There was no further request by the commission inviting our client before the unlawful publication.

"It is to be further noted that on October 11, 2024, our client's Legal Officer was physically present at the office of the commission about noon to submit a correspondence to the commission and he also reassured the operatives of the commission of our client's desire and willingness to cooperate with the investigation by the commission upon his arrival in Nigeria.

"It is regrettable that despite the repeated reassurances of our client to cooperate with the investigation upon his arrival in Nigeria, the commission proceeded to declare our client 'Wanted' later that same day about 7.20p.m., without an order of court and in the absence of a valid charge in a court of law."

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