Alleged N11bn Oil Theft: Court Refuses To Release Ifeanyi Ubah
Justice Mohammed Idris of the Federal High Court in Lagos yesterday refused to order the release of Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah from the custody of the Directorate of State Security (DSS).
Justice Idris, who had on May 8, 2017 ordered the DSS to produce the businessman in court on Friday to show cause why he should not be released, was forced to adjourn the case to hear the substantive case because of another order remanding Uba in custody, issued by another Judge in Abuja.
At the resumed hearing of the matter yesterday, counsel to Ubah, Prince Ajibola Oluyede, urged the court to order immediate release of his client, Ubah, due to what he called flagrant disobedience to the order made on May 8.
Oluyede also told the court that instead of the DSS to produce his client as ordered by the court, the respondents served them with Notice of Preliminary Objection.
The lawyer alleged that the DSS instead of obeying the order of the court it approached a Federal Capital Territory (FCT) High Court, and obtained a remand order of his client.
Oluyede further informed the court that in disobeying the order the DSS and it’s Director-General acted in subversion to the authority and dignity of the court, by utilizing what he termed as ‘abuse of court and power’.
He maintained that when Ubah was first arrested in March 19, 2017, and released after three weeks and that he was coarsed to discontinue the fundamental rights application which he earlier filed against the respondents.
He also claimed that immediately Uba discontinued the application he was invited and arrested again.
The lawyer also told the court that during his client’s second arrest, he was coarsed to signed documents that he owned Nigerian National Petroleum Corporation (NNPC), and to pledge with his assets for the debt. Whereas, he was being owned by NNPC in the total sum of N14. 039, 125, 125 billion.
Oluyede insisted that the DSS and it’s Director-General have not shown cause in compliance with court order while he should not be released.
He therefore urged the court to order DSS to release Ubah immediately
In his Response, lawyer representing DSS and it’s Director-General, Peter Okerinmade, urged the court to discountenance the submissions made by Ubah’s legal team.
Okerinmade told the court that his agency has filed an application before the court challenging the court’s jurisdiction to entertain Ubah’s application.
The lawyer also said that the applicant was arrested in Abuja on May 6, 2017, not in Lagos as claimed by his lawyer.
He also told the court that the agency secured a remand order of the applicant on May 10, 2017, this he said was sequel to a Motion Ex-parte for his remand filed before an Abuja Federal High Court.
He therefore urged the court to discountenance the submission made by Ubah’s lawyer, and hear the agency’s notice of preliminary objection challenging Court’s Jurisdiction.
In a short ruling, Justice Idris said though his court had on May 9, 2017, ordered the production of the applicant by the respondents, while he respondents also obtained an order from a FCT High Court, remanding the applicant.
The judge held that the situations the court find itself is very sad and unfortunate.
He said, “on May 9, 2017, upon the hearing the applicant’s Ex-parte application, the court directed the fourth and fifth applicants to produce the applicant in court today.
“From the record of the court, it shown that the ruling was served on the respondents on May 10, 2015, by 10 am,. It was also shown that the respondents on the same May 10, 2017, obtained an order remanding the applicant from my learned brother Justice Halilu of FCT High Court.
“It’s clear that there is a direct conflict between order of this court and of my learned brother, Justice Halilu of FCT High Court.
“Court of the same jurisdiction have been cautioned on a matter like this. I will in the circumstance of this case Act with great caution. I will not make any order that will neutralize the effect of the order made by the High Court of FCT.
“In the line of order made on May 10, 2017, I will not make an order to produce the applicant since parties in the case have been served and matter adjourned till May 18, 2017, I shall adjourn till May 18, 2017, when all applications and Notice of Preliminary Objection shall be heard.
“The matter is hereby adjourned till May 18, 2017”.
Ifeanyi Ubah, and his oil firm, Capital Oil and Gas, had instituted a fundamental right suit against the DSS and it’s Director-General, seeking his unconditional release from the custody of DSS
Joined in the suit are: Attorney-General of the Federation (AGF), The Chairman, Economic and Financial Crimes Commission (EFCC), Economic and Financial Crimes Commission (EFCC) Inspector-General of Police (IGP), Nigerian National Petroleum Corporation (NNPC), NNPC Retail Limited, and Asset Management Corporation of Nigeria (AMCON).
Ubah in affidavit in support of the ex-parte application deposed to by the Secretary of Capital Oil and Gas Limited, George Oranuba, claimed that the Nigerian National Petroleum Corporation (NNPC) and the Asset Management Corporation of Nigeria (AMCON) arrested Ubah on account of allegations.
Oranuba said the issue had become a subject of litigation, adding that despite the subsisting suit, the Economic and Financial Crimes Commission (EFCC) and the DSS invited Ubah for questioning.
According to him, Ubah had earlier been detained from March 24 to April 14, 2017.
But the DSS had claimed that it arrested Ubah on alleged indebtedness to NNPC.
