INNOSON VS GTB: CRIMINAL CHARGE AGAINST INNOSON BY EFCC IS AN AFTER THOUGHT

In the peak of EFCC investigation in 2011 based on GTB petition to it, EFCC illegally froze all account  s belonging to Innoson. Subsequently, Innoson commenced Suit No: FHC/AWK/CS/138/2012 against EFCC in the Federal High Court, Awka Division for freezing its accounts in all the banks in Nigeria.

Interestingly, during the court proceedings, EFCC in a counter affidavit deposed to on 2nd August 2012 in Suit No: FHC/AWK/CS/138/2012 acknowledged in Paragraph 15 that after investigation it could not confirm the allegations against Innoson by GTB. Based on EFCC submission, the accounts were unfrozen.

Subsequently, at the conclusion of its investigation in 2012, EFCC through its letter of 20th September 2012 informed Innoson that he pays a certain amount to GTB.

However, Innoson rejected and declined EFCC’s demand contained in its letter of 20th September, 2012 on the ground that GTB shall pay it interest on the N560Million it stole at 22% being the rate at which GTB lent it money.

Furthermore, Innoson headed to the court and commenced Suit No: FHC/AWK/CS/139/2012 against GTB at the Federal High Court, Awka Division, in respect of the money GTB stole from its account claiming 22% interest thereof from the date GTB started the stealing.

However, on 16th May, 2013 the trial Court delivered judgment in the sum of N4.7Billion in favour of Innoson against GTB.

EFCC felt slighted and angered by Innoson’s refusal to accept its reconciliation contained in its letter of 20th September 2012. In December 2013, EFCC filed Charge No. ID/197C/2013 against Innoson and two others at the Lagos State High Court, Ikeja.

Later, in 2014, the charge was struck out. However Innoson through his counsel appealed against the order striking out on the ground that it should be dismissed and not striking out. Also the counsel to Innoson filed a motion on notice at the Court of Appeal, Lagos Division praying among others that EFCC be restrained from filing a further charge in respect of the same subject matter until determination of the appeal –Appeal Nos: CA/L/1328CM/17, CA/L/1329CM/17 & CA/L/1330CM/17.

Subsequently, GTB instigated The Nigerian Police to charge Innoson and others to court. The Nigerian Police filed Charge No. FHC/L/565c/2015 at the Federal High Court Lagos Division in respect of the same subject matter, issues and transactions as are in the EFCC Charge No. ID/197C/2013. 

GTB characteristically got the then Director of Public Prosecution of the Federal Republic of Nigeria – Mr Diri – to claim to have taken over the Charge/case using the name of the Attorney General of the Federation.

Interestingly, Mr Diri’s involvement in this matter and his complicities therein led to his removal as the Director of Public Prosecution of the Federal Republic of Nigeria. This charge is till date pending at the Federal High Court Lagos Division and some of the issues arising from it are till date, pending at both the Court of Appeal and the Supreme Court.

While Charge No. FHC/L/565c/2015 is still pending and subsisting, GTB went back again to EFCC and instigated them to illegally arrest Innoson at his residence on Dec 19th 2017 which led to a huge outcry from well-meaning Nigerians condemning the Illegal arrest.

To justify its action, EFCC filed another charge with Charge NO: ID/6696c/2017 at Lagos State High Court Ikeja on the same subject matter, issue and transactions as the earlier one filed in 2013 which is still pending at the Court of Appeal Lagos Division and which is also as in the one pending at the Federal High Court Lagos.

The acting EFCC Chairman should therefore not allow its institution to be used by some elements within the organization in bringing down the personality of Innocent Chukwuma through unlawful means and method. He should ask for a due diligent report of the earliest investigation activities conducted by the commission.

The President should as a matter of urgency commence full investigation on the circumstances leading to Justice Mojisola Dada of Lagos State High Court Issuing a Bench Warrant against Chief Innocent Chukwuma and ordering for his arrest in a matter that the court’s jurisdiction is still being contested and a charge that is clearly an abuse of court process.

Furthermore, the President shall call The Economic and Financial Crimes Commission under the leadership of Ibrahim Magu to order. EFCC as a Federal Government Agency is supposed to be unbiased in resolving the dispute between Innoson and GTB, but its actions indicated it is doing the bidding of GTB

Cornel Osigwe