Chairman/CEO of Global Signature Hotel and Total Grace Group Limited, Dr. Henry Mobolaji 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 submitted that the EFCC declared him wanted without any form of judicial intervention, recourse to constitutional safeguards or order of court.

The EFCC on Friday, October 11, 2024 about 7.20pm 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 Twitter (X).

Akinduro is seeking N5 billion as “general damages”.

On Monday, the businessman, via his counsel, Olalekan Ojo (SAN) had petitioned the Chairman of the 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 averred in the petition that at all times preceding the said publication, there was no order of any court of competent jurisdiction authorising the said publication and no charge had been preferred against our client before any court.

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 4th June, 2024 and he immediately responded via letter dated 5th June, 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 (3) 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. Femi Olushakin maliciously petitioned the Commission after selling the 60-Seater Yutong buses and currently using the Toyota 4runner SUV for his personal use,” he stated.

The senior lawyer added that despite Akinduro’s medical condition overseas, he has maintained close communication with the Commission.

He said: “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 11 October, 2024, our Client’s Legal Officer was physically present at the office of the Commission around 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 at about 7.20pm without an order of Court and in the absence of a valid charge in a Court of law.

“The Commission published our Client’s name and photograph depicting our Client as a fugitive from the law and branded him “WANTED” without any evidence of evading investigation. This action of the Commission has not only defamed our Client but also violated our Client’s right to freedom of movement without the order of the Courts.

“The Commission has also by the unlawful publication subjected our Client to public humiliation and ridicule thus causing our Client loss of personal and business relationships as well as reputational damage. It is our instruction that since the publication, our Client has been inundated with calls, Whatsapp messages from his business associates all over the world who had read the post expressing their disgust and dismay at the defamatory publication, and the said publication has also caused our Client emotional trauma and distress.”

Akinduro, through his lawyer, said he considered it imperatively necessary to put the records straight with a view to showing that the fraud allegations are trumped-up allegations aimed at causing incalculable damage to his hard earned but richly deserved reputation.

“It is pertinent to state that the petition against Dr. Henry Akinduro was an ignoble attempt to criminalize purely contractual disputes that had arisen from the investment agreement between Dr. Henry Akinduro and the Petitioner, Mr. Femi Olushakin.”

Ojo stated that the commercial or contractual disputes had earlier been referred to the competent Court by the parties before Olushakin resorted to lodging the fraud allegations against the oil magnate for reasons best known to him.

Legal luminary, Dr. Olisa Agbakoba (SAN), has described the Economic and Financial Crimes Commission (EFCC) as an “unlawful organisation” that was “unconstitutionally established.”

Agbakoba made this claim in October 14 letters to the Deputy Senate President, Barau Jibrin and Deputy Speaker of the House of Representatives, Benjamin Kalu.

They are the Chairmen of the Adhoc Committee on the review of the Constitution in both chambers of the National Assembly.

In his letter titled: “Re: Urgent legislative constitutional reforms relating to law enforcement agencies and anti-corruption efforts,” Agbakoba drew the attention of the National Assembly to constitutional issues related to law enforcement agencies and factors inhibiting the government’s objective of abolishing corruption as stated in Section 13 of the Constitution.

He said: “I very strongly believe the EFCC is unconstitutionally established.

“The powers under which it was established go beyond the powers of the National Assembly.

“The EFCC is an unlawful organisation.”

Agbakoba, a former President of the Nigerian Bar Association, said he was delighted to note that many states had finally taken it upon themselves to challenge the constitutionality of the EFCC.

“This will put to rest the question relating to the validity of the EFCC.”

The letter to the Deputy Senate President, reads in part: “I write to draw attention to certain constitutional issues on matters related to law enforcement agencies. As you are obviously aware, the fundamental objective of the government is to abolish corruption.

“But from my observation, there is no harmony amongst law enforcement agencies on corruption. They all appear to be working at cross purposes.

“This has been confirmed by the Supreme Court in so many cases. The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned if the EFCC can in fact validly do what it does.

“I will go further to say that I very strongly believe the EFCC is unconstitutionally established.

“The powers under which it was established go beyond the powers of the National Assembly. The EFCC is an unlawful organisation.

“I am very delighted to note that many states have finally taken it upon themselves to challenge the constitutionality of the EFCC.”

“This will put to rest the question relating to the validity of the EFCC.

“Whilst we await the decision of the Supreme Court as the final court on the matter, I respectfully request that the Senate convene a public hearing to consider these constitutional issues.

“Such a hearing would provide an invaluable platform for stakeholders to discuss the reforms needed to strengthen Nigeria’s legal and institutional frameworks for law enforcement and anti-corruption, which will meet the stated and laudable objective of the government to abolish corruption as stated in Section 13 of the Constitution.

“I trust that, under your capable leadership, the Senate Constitution Review Committee will give these matters urgent attention in the interest of our nation’s development.”

The Federal Government yesterday engaged the Labour over the new petrol price regime.

The meeting was held at the Office of the Secretary to the Government of the Federation (OSGF), with representatives from both government and Labour in attendance.

It was learnt that the meeting discussed the consequential adjustment of the new minimum wage, and the Compressed Natural Gas (CNG) initiative, among others.

Government representatives at the meeting were National Security Adviser (NSA) Mallam Nuhu Ribadu, Minister of Labour Nkeiruka Onyejeocha, Minister of Finance and Coordinating Minister of the Economy Wale Edun, Minister of Information Mohammed Idris, Minister of State for Petroleum Resources (Oil) Heineken Lokpobiri, Minister of State for Petroleum Resources (Gas) Ekperikpe Ekpo and representatives of the Nigerian National Petroleum Corporation Limited (NNPCL).

Labour representatives included Nigeria Labour Congress (NLC) President Joe Ajaero, Deputy President Kabiru Ado Sani, General Secretary Emma Ugboaja, Deputy President of the Trade Union Congress (TUC) Dr. Tommy Okon, Secretary General Nuhu Toro and President of the Nigerian Union of Teachers (NUT), also a Deputy President of the NLC.

Also present were Benjamin Anthony, Vice President of NLC, and Comrade Deborah Yusuf, Deputy Women leader of NLC.

NLC had decried the hike in the price of petrol, demanding a reversal and accusing the government of betrayal.

Idris, who addressed reporters after the meeting, described it as ‘normal engagement with labour to interact on national issues’.

He said the government does not believe there must be tension before an interaction.

“The government is always desirous of engaging with labour. This is one of such engagements.

“We’ll continue to interact with them. We don’t wait until there is tension about anything before we engage Labour,” he said.

His Budget and Economic Planning counterpart, Abubakar Bagudu, assured Nigerians that the country’s economy is on the path to recovery, despite current challenges.