A human rights lawyer, Barr Olu Omotayo, has given a pre-action notice to the chairman of the Economic and Financial Crimes Commission (EFCC) over an exhibit missing in a criminal matter brought before a court on landed property issues.
Omotayo, in the pre-action notice, wants EFCC to pay his client the sum of N100,000,000.00 damages.
He also wants a declaration that an exhibit tendered in a case missing is illegal and misleading.
The pre-action notice reads thus: “We write to you regarding the above-mentioned matter on behalf of Ohha Microfinance Bank Limited, of No. 37, Ziks Avenue, Uwani, Enugu, whom we shall hereafter refer to as our client.
“This is to inform you that we wrote a petition dated 9th February 2024 to the Chairman, EFCC, where the Zonal Office was asked to look into this matter.
“The matter mentioned above was investigated by the Enugu Zonal office of the Commission, and the suspect Oliver Anidiobi, charged to the court by the Commission on 7th May 2019, in Charge Number: E/162C/19, Federal Republic Of Nigeria Vs. Anidiobi Oliver Chuwuka.
“After the trial, the accused person was sentenced to 8 years of imprisonment and three properties, which he acquired with the proceeds of the crimes, were ordered to be attached and sold, and the proceeds were paid to Ohha Microfinance Bank Ltd.
“It should be noted that when EFCC operatives led our clients’ officials and me to identify the three properties, it was surprising that EFCC operatives stated that they could not recognise one of the properties again, which is an uncompleted four-bedroom bungalow at Centenary City, Enugu.
“Based on our insistence that how could a landed property recovered from a convict developed wings and disappeared into thin air, the Commission thereafter approached the Court, which gave an Order that the Controller of Corrections, Enugu State, should allow the officials of the EFCC to interview the Convict Anidiobi Oliver Chukwuka, and identify the four-bedroom bungalow at the Centenary City Enugu, being one of the properties traced and attached from the convict under the Judgment of the Honorable Court delivered on the 2nd November 2019. The Order of the Honorable Court is attached to this petition.
“The bank is fed up that over five years after the conviction of the fraudster, the Commission could not show the property, which was an Exhibit tendered and reported to the court to have been seized from the convict.
“It should be noted that to date, our client has heard nothing from the Commission.
“We submit that this act of the officials of the Commission is not only fraudulent but an act of perversion of justice aimed at depriving our client of the fruit of the judgment of Court it obtained, thereby further emboldening the convict Oliver Anidiobi, who as manager of Sterling Bank, who duped our client of N219 million Naira.
“This letter is therefore essential in compliance with the Pre Action Notice requirement before instituting action against the government and its officials.
“Be informed also that we intend to take appropriate legal action on behalf of our client as soon as the period of three months expires.
“TAKE NOTICE that the Proposed Plaintiff is Ohha Microfinance Bank Limited,
Proposed Defendants are: 1) Economic and Financial Crimes Commission,
2) Attorney General of the Federation.
The Proposed Plaintiff will seek these Reliefs in the proposed suit.
“1) A Declaration that the unlawful dealing with Court Exhibit to wit, the four bedroom bungalow at the Centenary City Enugu, being one of the properties traced and attached from the convict under the Judgment in Charge Number: E/162C/19, Federal Republic Of Nigeria Vs. Anidiobi Oliver Chuwuka is fraudulent and illegal.
“2) A Declaration that it is illegal and unlawful for the Commission to play pranks and claim that an immovable item in its custody got missing and disappeared into thin air.
“3) An Order of the Honorable Court to compel the Commission to immediately identify and sell the four-bedroom bungalow at the Centenary City Enugu, being one of the properties traced and attached from the convict under the Judgment in Charge Number: E/162C/19, Federal Republic Of Nigeria Vs Anidiobi Oliver Chuwuka and hand over the proceeds to Ohha Microfinance Bank.
“4) N100,000 000 : 00K(One hundred million naira) compensation against the Proposed Defendants.”
