Court Strikes Out Case Against Chairman, MD Of Cleanserve

Court Strikes Out Case Against Chairman, MD Of Cleanserve

An Ikeja Special Offences Court has discharged and acquitted the Chairman of Cleanserve, Azubuike Ishiekwene, and the Managing Director/CEO Olalekan Abdul of the case of fraud and forgery made against them by a nominal complainant.

The Economic and Financial Crimes Commission (EFCC) had initially arraigned the defendants on a 26-count charge bordering on conspiracy, forgery, using false documents without authority, possessing fraudulent documents, stealing and making documents without authority.

The Commission was acting at the behest of a nominal complainant, a certain Mr. Chris Ndulue, who claimed he was a director in the private company but was not in the file of the Corporate Affairs Commission and had no valid proxy.

Ishiekwene and Abdul, however, pleaded not guilty to the charge following their arraignment on January 30, 2020.

During the pendency of the charge, which started five years ago with suit number ID/11126C/2019, the prosecution had called nine witnesses, while the defence had called four witnesses.

Mr. Adeyinka Olumide-Fusika (SAN) appeared for the first defendant, Abdul, and Dr. Muiz Banire (SAN) appeared for Ishiekwene, the second defendant.

Following a series of applications, one of which challenged the EFCC’s use of a fiat by Lagos State in a case in which the defence counsel argued that a $20,000 bribe had compromised an operative and that the prosecution was on a mission of “persecution,” the office of the Attorney-General of Lagos State, Mr. Lawal Pedro (SAN), stepped in and took over the matter after a review.

Before the Lagos State AG stepped in, the court had ordered the recovery of the $20,000 from the custody of the EFCC and admitted the same as an exhibit. During the investigation, an EFCC operative demanded a bribe in 2019 to “kill the matter” because, according to him, the facts suggested that Ndulue had no case.

A report of the demand was made through Mr. Ola Olukoyede (then the Secretary of the Commission), who ordered a sting operation in Lagos, during which other EFCC operatives apprehended the operative.

When the report reached the then-chairman of the EFCC, Mr. Ibrahim Magu, he squashed it, redeployed the operative who had demanded a bribe, and turned the case against the defendants who had reported the operative.

The defence counsel had also argued that the prosecution was executing the agenda of Ndulue, a former Managing Director of Arik Air, whom he said gave former Deputy Inspector General of Police, Michael Ogbizi several millions of naira bribe to use the police to arrest and detain Ishiekwene and Abdul, before hijacking Cleanserve.

Ndulue admitted to giving Ogbizi the bribes when he testified in court on oath. The payback was the use of armed police to arrest and detain Ishiekwene and Abdul during a board meeting in Radisson Blu, Ikeja, Lagos. While the defendants were in detention, Ogbizi imposed Ndulue as “managing director” of Cleanserve.

After reviewing the case, the Lagos A-G’s office subsequently filed a notice of discontinuance under Section 211 (1) (C) of the constitution.

EFCC Counsel, Mr. Franklin Ofoma, initially filed a notice of preliminary objection but later conceded to discontinuing 20 out of the 26 counts brought under the Criminal Laws of Lagos State.

The anti-graft agency subsequently filed amended information dated October 24, 2024, which left the only surviving count against Ishiekwene being dropped and his eventual discharge from the suit under Section 155 of the Administration of Criminal Justice Law (ACJL), 2021.

The amended charge was thereafter against the erstwhile first defendant, Abdul, under the Federal Law, which was outside the purview of Lagos State.

However, before the arraignment of Abdul on the new amended charge, on January 30, 2025, the next adjourned date, the office of the Attorney-General of the Federation (AGF), Mr. Lateef Fagbemi (SAN), took over the matter.

AGF subsequently sought to withdraw the suit and discontinue the same under Section 108 (1) of the Administration of Criminal Justice Act (ACJA), 2015.

In her judgment on March 5, 2025, Justice Mojisola Dada discharged and acquitted the defendants.

“The defendants are hereby discharged and acquitted under Section 73 (1) and (11) ACJL, 2021,” Dada said in the Certified True Copy of her judgment.

EFCC had alleged in one of the counts that the defendants, with intent to defraud, obtained credit facility for Cleanserve Integrated Energy Solution in the sum of N350 million by false pretence from Wema Bank by falsely representing to them that the Board Resolution of Cleanserve Integrated Energy Solution dated Dec.14, 2010 as genuine, a representation they knew to be false.

In another count, the commission accused the defendants of using a false document titled “Board Resolution of Cleanserve Integrated Energy Solution Ltd,” dated Sept. 27, 2010, to open an account with Keystone Bank Plc, formerly known as Bank PHB, as genuine.”

However, before the court’s judgment, one of the witnesses, Chief Reginald Udunze, a retired police officer and forensic expert, dismissed the allegation of forgery in his evidence before the court.

According to him, he served in the Disputed Documents Unit of the Nigeria Police for 33 years before he retired in December 2016 as Deputy Superintendent of Police.

He said in his evidence before the court while stating that there was no forgery: “The handwritings and signatures at the relevant column of Dr. V. O. Ndubueze divulged co-natural characteristics of sameness consistent with symmetrical uninhibited fingers dexterity and also threats of or self — consciousness and lack of affectations devoid of simulation.

“My further examination and comparisons of these handwritings and signatures as marked as earlier mentioned with each other in connotation, I found characteristic features of identity with them. My finding is, therefore, that the handwriting and signatures at the relevant column of Dr. V.O. Ndubueze on documents A, A4, A6, A8, A10, BS, C2, C, C6, C10, 10 and D were written and signed by one person.

Another witness, a staff member of Bond Global Energy Projects Limited, Alima Yusuf, head of marketing, who the court subpoenaed, said she joined the company in 2016 and became the head of marketing in 2017.

She said, “Bond is into importation of refined Petroleum Products, PMS, Premium Motor Spirits i-e. Petrol, AGO, Automated Gas Oil; Diesel, HHK, Household Kerosene DPK, dual purpose kerosene, aviation fuel. We are into the LPG, Liquidified Natural Gas, and other petroleum products business.

“Cleanserve was taking the products on credit till 2019 when they stopped taking them and making payment. We took them to a civil court, and the Judgment was in our favour. Exhibit P66 is the Judgment. The Judgment sum is N4,618,935,683.13 (Billion). Counts 21-27, in this case, I say that there is no truth whatsoever in them.

“I also want to say that this matter has been going on since 2019, which is five years of inability to prove it. Sadly, there is no reason for the harassment, taking all the Bank records and documents.”

In a related development, lead counsel, Messrs Babajide Koku & Co., representing Cleanserve Integrated Energy Solution Limited, Vincent Onyebuchi Ndubueze and John Anosike, in appeal marked CA/LAG/697/2023, has withdrawn from being their lawyer.

According to affidavit of facts deposed to by counsel in Koku, SAN, Chambers Temitope Ogundare reads: “The firm were shocked and taken aback regarding the deposition and the exhibits attached to suits marked FHC/L/CS/2153/2024 and suit FHC/L/CS/32/2025 filed by the firm of Mr. Chukwuma Machkwu Ume, SAN.

“Our office was unaware of the suits mentioned above in paragraph 5 and was not informed by anybody whatsoever about the action taken in the suits.”

According to records, the Court of Appeal appointed its Deputy Court Registrar (DCR) Receiver/Manager of Cleanserve after a court judgment. Ndulue, however, returned to the Federal High Court and procured two judges to obtain orders that overruled the Court of Appeal and restrained the DCR from acting in the office to which the Court of Appeal had appointed him.

After this was brought to the attention of the Court of Appeal, Koku filed an affidavit, denying knowledge of or participation in the strange conduct of a high court overruling the appeal court.

Koku blamed it on Ndulue and one Chukwuma Machukwu-Ume, SAN.

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