•Capital Oil boss urges court to stop his arrest
The Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Lagos to dismiss an application by the Labour Party (LP) governorship candidate in Anambra State Ifeanyi Ubah seeking to stop his arrest by the commission and the police over a fraud allegation.
Ubah and his company, Capital Oil and Gas Limited, are praying the court to restrain the EFCC Chairman, Ibrahim Lamorde and the Inspector-General of Police Mohammed Abubakar from arresting him over what he called a "purely civil transaction".
He sought an order of perpetual injunction restraining the respondents from taking further actions (including invitation, arrest, detention or arraignment) with respect to the transaction between him, his company and another company, DTV Limited.
Ubah said neither DTV nor any of its shareholders/directors made any accusation or complaint against him and his company, contrary to EFCC's claim.
According to him, the alleged witch-hunt and threat of arrest/detention by the EFCC and the police were meant to humiliate him by portraying him as a criminal.
The oil mogul/politician claimed that the case which EFCC purports to be investigating involved accusations and counter-accusations by shareholders and directors of DTV Limited against one another in a supremacy tussle within the company.
Ubah also claimed in his application that the transaction involved a lease of land and purchase of shares of a DTV subsidiary, for which the respondents should have no reasonable suspicion of commission of any offence by the applicants.
He said the bid to arrest him constitutes an infraction of his fundamental rights enshrined in Sections 35 (1) (C) and 35 (5) of the 1999 Constitution (as amended).
But the EFCC, in its 35-paragraph counter-affidavit, said Ubah has a case to answer.
The EFCC chairman said he received petitions on November 28 and December 17 last year from two law firms on behalf of Dys Trocca Vaksesia & Company (DTV) Limited against Ubah and his company.
He said the petition raised allegations of fraud, obtaining registration by false pretence, forgery, uttering of forged documents, conspiracy to obtain money by false pretence, tax evasion and underpayment of consent fees against the applicants.
The EFCC chairman said the petitioner alleged that the applicants connived with the former Managing Director and Secretary of DTV and executed a deed of lease of the petitioner's parcel of land at Apapa- Oshodi Expressway to Ubah "for a ridiculous amount of N60, 000 for a tenure of 30 years."
The commission said the petition also contained allegation of underpayment of consent fees and levies to the Lagos State government, for which the EFCC was given a fiat by the Attorney-General to investigate and prosecute where necessary.
EFCC said the applicants were not entitled to the declarations sought, that it would be in the interest of justice to refuse Ubah's reliefs, and that the applicants would not be prejudiced if the court refuses to grant the prayers.
Yesterday, Ubah applied for additional time to provide the court with a police report.
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