*Judge berates the police for abuse of court process
*Declares interim management of FGPL illegal
*Orders Nze Duru to take over company immediately with or without police help
The long running battle over the ownership of the First Guarantee Pensions Limited was finally settled on Friday, following the ruling of a Tinubu Magistrate Court that Nze Chidi Duru, the Vice Chairman of First Guarantee Pensions Limited (FGPL) remains the rightful promoter of the company.
That brings to an end the shenanigans of the industry regulator, PENCOM, which has over the years played very negative role in the crisis particularly under the leadership of the now sacked Director General Mrs Chinelo Anohu-Amazu.
In the latest round of intimidation, Nze Duru, a former member of the House of Representatives, was arrested by the police in Lagos in January when he went to enforce earlier court judgements that categorically stated that he was the owner of the company.
But rather than help, the police arrested him for alleged theft, impersonation, conspiracy and breach of the peace at the instigation of the Anohu-Amazu-led leadership of PENCOM. He was arraigned alongside the Company Secretary, Barrister Smart Iheazor and his Special Assistant on Media and Strategy, Osita Ogbuagu Jr., before the Tinubu Magistrate Court on a four-count charge bothering on stealing of a laptop worth N250.000 and three office files from the company after six days of illegal detention in deplorable conditions at the Zone 2 Police Command, Onikan Lagos.
While in detention Nze Duru collapsed inside the cell and had to be rushed to the emergency unit of the Police Medical Centre, Falomo.
At the commencement of trial on January 16, 2017, before a Chief Magistrate Court in Lagos, the police alleged: “Chidi Duru ‘M’, Smart Iheazor ‘M’ and others now at large, on the 11th day of January 2017, at No. 65 Kudirat Abiola Way, Oregun, Ikeja, Lagos, in the Lagos Magistrate District, did conspire among yourselves to commit felony to wit stealing and thereby committed an offence punishable under section 409 of the Criminal Laws of Lagos State of Nigeria, 2011″.
Also, they, according to the charge sheet, alleged that the suspect, alongside others at large “did steal (3) three office files, (1) one HP Laptop valued at the sum of N250,000 property of First Guarantee Pension Limited (FGPL)”, contrary to contrary to Section 285 of Criminal Laws of Lagos State, 2011″; and conducted themselves “in a manner likely to cause breach of the peace by wilfully and unlawfully invading First Guarantee Pension Limited (FGPL) offices with an intent to forcefully takeover the management and assets of the company and thereby committed an offence punishable under Section 111(d) of the Criminal Laws of Lagos State, 2011”.
But Barrister Abdul Mohammed, Counsel to Nze Duru and his associates, filed a preliminary objection to the charges on March 22, 2017 on the ground that the charges were an abuse of court process while contending that the complainants, The Interim Management of First Guarantee Pension are Contemptnors of various judgements of court and that no legal rights can be accorded to a person acting against an order of court and that the complainants lacked the locus standi to press such charges stating that all persons are bound to obey the laws of the land.
In his ruling, the Magistrate agreed with Nze Duru’s submission stating that there were already existing rulings from superior courts in his favour and that the judgements were never set aside. He flayed the police, which rather than carry out the orders of court turned round to arrest Nze Duru.
He further stated that court judgements are like fire that must be obeyed insisting that a declaratory judgement by its very nature cannot be stayed. He further stated that Nze Chidi Duru has the legal right to enforce all the judgements in his favour with or without the Police.
Describing the complainants as embarking on a worthless voyage and an abuse of court process, he stated clearly that the imposed Interim Management Committee of First Guarantee Pension remains illegal describing them as contemptnors.
Nze Chidi Duru in a statement shortly after the ruling stated that “the wheels of justice may grind slowly but surely grinds exceedingly well.”
He reaffirmed his unshakeable faith in the judiciary whilst thanking his family, friends and the press for their support over the years.
“Thanks for your continued support through very trying times and I believe that this judgement will serve as a deterrent to those who revel in abusing their offices,” he said.