By Onyewuchi Ojinnaka
A Lagos-based business man Babatunde Saka and his company Ofly Global Resources Limited have approached the Lagos High Court, asking it to compel the Economic and Financial Crimes Commission (EFCC) to investigate an employee of Lagos University Teaching Hospital (LUTH), Saheed Ayinla Ogundare who trades under the name and style of Seadrof Hotels & Suites for alleged diversion of funds belonging to LUTH.
Seadrof Hotels & Suites situated at Block 2, Flat 5, LUTH Staff Quarters Idi Araba Mushin Lagos Joined as co-defendants in the suit filed before a Lagos High Court, South West, Nigeria are Lagos University Teaching Hospital (LUTH), the Economic and Financial Crimes Commission (EFCC), a Lagos businessman Kolawole Bankole trading under the name and style of De Ritz Hotel and a limited liability company, Primal Hotel And Resorts Services Limited.
In a statement of claim, supported by written statement on oath of Babatunde Saka and filed before the court by a Lagos lawyer, King Ola Wilson, on behalf of the claimant, averred that on 8th of August,2016 by a contract agreement executed, Kolawole Bankole let his 15 bedrooms hotel with related facilities known as De Nest Hotel at 5 M.K.O. Abiola Crescent to him.
Saka averred that when he took over the hotel, the expenses he incurred, asides down payment deposit made was N3, 009, 549:70.
The claimant averred that by another contract executed on 14th July, 2017, he entered into another contract with Kolawole Bankole in respect of 35 bedroom hotel with other related facilities Primal Hotel and Resort Services Limited at 46B Isaac John Street,G.R.A. Ikeja Lagos Nigeria.
When he took over the second hotel, the total expenses he incurred, aside the deposit payment was N8, 811,931.00. However, on two different dates, Kolawole Bankole, operating in dual capacities was alleged to have stormed Primal Hotel and Resorts Services granted to the claimant vide contract of 16th October, 2019 with thugs and forcefully took over the property, drove the claimants and their staff away from the property and seized all their purchased items engaged in the hotel without recourse to the provision of the contract as per notice, to be given by either party who desires to terminate the contract.
On 6th of February, 2020, Kolawole Bankole also repeated his action in respect of De-Nest Hotel, and took over all the claimant’s purchased items to enhance the value of the hotel and all pleas to release them were fruitless.He further averred that the claimant lodged complaint to the Assistant Inspector-General of Police at the Nigeria Police Force Criminal Investigation Department, Alagbon Lagos through a petition dated October 24, 2019 about the illegal and unlawful seizure of the generators and other items belonging to them. He is claiming the sum of N21,821,540.70.
However, after they were illegally and unlawfully evited from the two hotels Saheed Ayinla Ogundare took over the management and started to operate same under the name and style of “Seadrof Hotels And Suites” as against civil/public service rule which is also illegal.
After the Primal hotel and Resort was taken over from the claimants, Ogundare paid total sum of N3,851,170 into the account of the Claimants, which was later remitted back to him.What prompted their suspicion about the various money paid into the account of Ofly Global Resources Limited, was that Saheed Ayinla Ogundare who was assumed to be customer resources agent took over the operation and management of Primal Hotel and Resorts and continued to pay money into the account of the claimants, whereby they used the account of the company to collect total sum of N3,851,170.
The claimant then perceived that a day of reckoning by an auditor may come which may implicate them in the transactions, besides the claimants as Nigerians have a civil duties to take necessary step to inform the authority where they have a reasonable suspicion of a crime.
Consequently, the claimant’s claim against defendants jointly and severally are: The sum of N15 million as general special damages.A declarationnn that the forceful and wrongful taking over of the Hotels, seizure and continued detention of the claimant’s items without resorting to the provision of the contract is unlawful and illegal.
A declarationn that Saheed Ayinla Ogundare being a public servant in the employment of LUTH to engage in a private business of managing a Hotel is unlawful.
An Order directing EFCC to investigate the propriety of Saheed Ayinla Ogundare, a staff of LUTH operating a business called Seadrof Hotels And Suites while in the employ of the LUTH; the circumstances and reasons for transferring several money into the claimant’s company account, and later collect them when he has seized to operate or manage the hotel.
The cost of the legal action and out of pocket expenses. Meanwhile, Justice Ganiyu Safari has adjourned the matter till 21st of December 21, for report of service.
