By Onyewuchi Ojinnaka
Justice Alexander Oluseyi Owoeye of a Federal High Court sitting in Lagos on Friday adjourned till October 11, for hearing of all pending applications in a fundamental rights enforcement suit filed by a firm, Ronchess Global Resources Plc against the Economic and Financial Crimes Commission (EFCC), the Kaduna State Government (KADSG) and five others, over dispute involving N8.7 billion contract.
Listed as respondents in the suit are: Inspector-General Of Police (IGP); the Assistant Inspector-General of Police (AIG); the Commissioner of Police, Lagos State Command and Kaduna State House of Assembly.
The court adjourned proceedings of the suit to enable parties reflect the names of the Independent Corrupt Practices and Other Offences Commission (ICPC) and the State Security Service (SSS), that were previously joined by the order of the court as seventh and eighth respondents in their processes.
Recall that on July 12, 2024, the Court had granted Ronchess Global Resources’ Ex-parte application restraining the EFCC, IGP and the Kaduna State House of Assembly from taking steps that may jeopardize the fundamental rights of the company’s directors or in any other way overreach the subject matter of the case pending before the Court.
The case of the Applicants before the court that at all material times is that Ronchess Global Resources was a contractor to the Kaduna State Government having executed a contract for the construction of several roads in the State.
This followed the successful completion of previous road projects in the State by the same company.
Following reliable information that the Kaduna State Government was planning to terminate the contract, Ronchess Global filed a suit at the Kaduna State High Court to stop the said unilateral termination and to claim all its outstanding fees.
While the case was pending in court, the Kaduna State Government through its House of Assembly purported to conduct a probe on the same subject matter, even while the case pending in court was yet to be determined in one way or the other.
However, while awaiting the defence of the Kaduna State Government to the suit pending in court, the Applicants received an invitation from the EFCC in respect of the same subject matter of the suit pending in court, whereupon they filed the present suit.
When the matter was called for hearing on Friday (today), Ebun-Olu Adegboruwa (SAN) announced appearance for the Applicants; Mr. C. H. Onwuewuno represented the EFCC, while the Kaduna State Attorney-General, Sule Shuaibu (SAN) and Mr. Solomon Utugha announced appearance for Kaduna State Government and State House of Assembly respectively.
Adegboruwa (SAN) informed the court of the joinder of the ICPC and SSS as respondents in the suit by the order of the Court granted on August 29, 2024.
He further told the court that the Applicants received another invitation from ICPC, notwithstanding the subsisting court order which necessitated the need to join ICPC and SSS in the suit since it was on the same subject matter.
Consequently the applicants filed their Amended Originating Motion to reflect the joinder of the new parties.
In his submission, Mr Onwuewuno, who represented EFCC informed the court that although they have received the amended Originating Motion, he did not know that the order to join ICPC and SSS had already been made.
He then promised to file his amended processes to reflect the parties that have been joined.
Mr. Shuaibu (SAN) informed the court that they were not well seized of the joinder, hence they proceeded to file their defence, but they will need to file fresh processes to reflect the parties that have been joined.
Thereafter, Adegboruwa told the court that he had filed a notice of discontinuance in respect of the case described as Oriete Chris and urged the court to strike it out.
Upon verifying the said Notice of discontinuance in the court file, Justice Owoeye struck out the case, thus putting to an end the attempt to intimidate the human rights activist.
That was the case erroneously filed against a non-existent entity in which Mr. Adegboruwa was falsely accused of filing the case whereas he insisted that his office received proper instructions from Ronchess Global to file the suit on behalf of all its directors and officers.
However, by the consent of counsel, the matter was adjourned to October 11, 2024 for hearing of all pending applications.
The court also adjourned hearing of other applications filed by the directors of Ronchess Global Resources Plc, to October 11.
The company directors are Tafida Yusuf; Adebosin Temitope; Josephine Uruevo; Leon Kelly; Adeboye Adeolu; Okafor Akalaka; Waziri Habibah Adamu; Captain Niyi Ogunowo; Ukuevo Jackson and Adeboye Adebimpe.
Some of the reliefs sought by Ronchess Global Resources Plc and its directors(Applicants ) in their various suits before the court are; “A declaration that the invitation of the Applicant by the 1st Respondent vide the letter dated 27th day of June, 2024, with Ref No:CR:3000/EFCC/HQ/SDC3/DAK/VOL.4/123 at the instance, behest and/or instigation of the 5th and 6th Respondents, in respect of the contracts awarded to Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court constituted as Suit No; KDH/KAD/594/2024: Ronchess Global Resources Plc vs Kaduna State Government, Kaduna State House of Assembly & 2 Ors, amounts to a flagrant violation of the Applicant’s fundamental rights guaranteed under Sections 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP 10, Laws of the Federation of Nigeria, 1990 and is therefore illegal, unconstitutional, null and void.
“A declaration that the oral invitation of the Applicant by the 2nd – 4th Respondent, and 8th Respondent at the instance, behest and/or instigation of the 5th and 6th Respondents, in respect of the civil contracts awarded to Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court constituted as Suit No: KDH/KAD/594/2024: Ronchess Global Resources Pic vs. Kaduna State Government, Kaduna State House of Assembly & 2 Ors, amounts to a flagrant violation of the Applicant’s fundamental rights guaranteed under Sections 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP 10, Laws of the Federation of the 1990 and is therefore illegal, unconstitutional, null and void.
“A declaration that the invitation of the applicant by the 7th Respondent vide the letter dated 29th July 2024, with Ref No.: ICPC/HC/STF/KD /063/2024 at the instance, behest and/or instigation of the 5th and 6th Respondents, in respect of the contracts awarded to Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court constituted as Suit No: KDH/KAD/594/2024: Ronchess Global Resources Plc vs. Kaduna State Government, Kaduna State House of Assembly & 2 Ors, amounts to a flagrant violation of the Applicant’s fundamental rights guaranteed under Sections 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP 10, Laws of the Federation of Nigeria, 1990 and is therefore illegal, unconstitutional, null and void.
“A declaration that the threat of invitation, arrest, detention and prosecution of the Applicant by the 8th Respondent or other enforcement agencies through their agents, servants, officers or otherwise howsoever at the instance, behest and/or instigation of the 5th and 6th respondent, in respect of the civil contracts awarded to the Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court constituted as Suit No: KDH/KAD/594/2024: Ronchess Global Resources Plc vs. Kaduna State Government, Kaduna State House of Assembly & 2 Ors, amounts to a flagrant violation of the Applicant’s fundamental rights guaranteed under Sections 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP 10, Laws of the Federation of Nigeria 1990 and is therefore illegal, unconstitutional, null and void.
“A declaration that the incessant threat of further invitation, arrest, detention and prosecution of the Applicant by the 1st – 4th and 7th— 8th Respondents through their agents, servants, officers or otherwise howsoever at the instance, behest and/or instigation of the 5th and 6th Respondent, in respect of the civil contracts awarded to Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court constituted as Suit No KDH/KAD/594/2024: Ronchess Global Resources Plc vs. Kaduna State Government, Kaduna State House of Assembly & 2 ors, amounts to a flagrant violation of the Applicant’s fundamental rights guaranteed under Sections 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP 10, Laws of the Federation of Nigeria 1990 and is therefore illegal, unconstitutional, null and yoid.
“A declaration that having regards to the pending of civil action constituted suit No. KDH/KAD/594/2024 Ronchess Global Resources Plc vs. Kaduna State Government, Kaduna State House of Assembly & 2 Ors, the principle of lis pendence and the Contracts between the 5th Respondent and Ronchess Global Resources Plc., the 1st – 4th and 7th-8th Respondents are not entitled to invite, arrest, detain or prosecute the Applicant on any allegation bordering on the contracts awarded to Ronchess Global Resources Plc. in flagrant violation of the Applicant’s fundamental rights guaranteed under Sections 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP 10, Laws of the Federation of Nigeria 1990.
“A declaration that the statutory duty of the respondents do not cover or extend to intervention and interference in ciVil transactions and/or contracts and therefore the Respondents are not entitled to invite or threaten, arrest and detain the Applicants on account of such civil matter involving contracts and such intervention is illegal, unconstitutional and ultra vires the 1st-4th respondents.
“A declaration that the 1st-4th and 7th – 8th respondents are not entitled to meddle in civil dispute involving contracts awarded to Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court constituted as Suit No. KDH/KAD/594/2024: Ronchess Global Resources Plc vs. Kaduna State Government, Kaduna State House of Assembly & 2 Ors.
“A declaration that the investigative activities of the 1st-4th and 7th – 8th respondents into the civil transaction involving pure contracts awarded to the Applicant by the 5th Respondent, are ultra vires the powers of the 1st – 4th and 7th- 8th Respondents, and are therefore unconstitutional, null and void.
“A declaration the 1st-4th and 7th-8th respondents, their agents, servants, officers or otherwise are not entitled to freeze, block and/or deny the Applicant’s access to her various bank accounts in furtherance of the intimidation, harassment and persecution of the Applicant at the behest and instigation of the 5th and 6th Respondents in violation of the Applicant’s fundamental rights as guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“A perpetual injunction restraining the 1st-4th and 7th-8th respondents whether by themselves, their servants, agents, officers or otherwise howsoever from conducting any investigation or further investigation involving the Applicant on account of the allegations of abuse of office and diversion of public funds level against the Applicant by the 5th and 6th Respondents with respect to the civil contracts awarded to Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court constituted as Suit No.: KDH/KAD/594/2024: Ronchess Global Plc vs Kaduna State Government, Kaduna State House of Assembly and 2 others.
“An injunction restraining the Respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from carrying out any acts or omission which may result in the contravention or likely to contravene the fundamental rights of the Applicant.
“The sum of One Hundred Million Naira Only being general, aggravated, special and exceptional damages against the Respondents, jointly and/or severally for the violation of the fundamental rights of the applicant.”
But both the Kaduna State government and its State House of Assembly, in their counter-affidavits and preliminary objections, urged the court to dismiss the applicants motions in the interest of the larger society and justice.
Specifically, some of the State House of Assembly’s affidavit to the preliminary objection deposed to by one Ezekiel Dogo, read:
“That I have the full authority, permission and consent of both my employers and also that of the 5th respondent herein to depose to all the facts in this affidavit.
“That the true and correct facts leading to the present action is to the effect that the Applicant herein, who allegedly happens to be one of the top management staff of a construction company that was in the recent past engaged to carry out some road construction and other developmental works for the 5th respondent, has been engaged in series of acts of financial misdeed/mischief which are inimical to peace, order and good governance in Kaduna State to wit:
“That the Applicant herein in cohort with certain others, including the firm known as Ronchess Global Resources Plc collected some huge amount of monies from the 5th Respondent (which are public funds), to the tune of over Eight Billion Naira (N8 Billon), with a view to carry out certain developmental projects in Kaduna State, but rather only shabbily executed some aspects of the job to the level of about thirty percent (30%), abandoned the respective projects sites and disappeared into the thin air.
“That in line with its constitutional mandate, the 6th Respondent initiated a move to probe the propriety of the entire transaction between the 5th respondent and the contractors/their cronies. That in pursuance to the objective aforementioned, the 6th respondent inaugurated a committee of the House to investigate the said issue.
“That in a bid to carry out the task assigned to aforesaid, the committee extended an invitation to Ronchess Global Resources Plc and its top management staff to appear before the said committee and give a detailed explanation of what they knew about the issues”
