Businessman Drags MKO Abiola’s Daughter, Wuraola, Others To Court Over Alleged Unlawful Detention

FUNSHO AROGUNDADE

As a result of the alleged illegal detention by the Nigerian Police of the serial entrepreneur and Chairman, Platform Capital, Dr Akintoye Akindele, stretching beyond the constitutional limit, the Inspector General of Police (IGP) alongside others have been dragged before a Federal High Court, Ikoyi, Lagos.

Joined as defendants in the legal offensive initiated by Dr Akindele and presided over by Justice Ambrose Lewis Allagoa, are the Nigeria Police Force (1st respondent), Summit Oil International Limited (3rd respondent), Dr Zulikat Wuraola Abiola (4th Respondent), Duport Energy Limited (5th Respondent), and Mr Oluwatosin Odusanya (6th respondent).

In a fundamental rights action brought under Section 35(1), 36, 41(1) and 46(1) of the Constitution, filed by his lawyer, Chief Bolaji Ayorinde (SAN), Akindele is asking for an order mandating the Nigeria Police, the Inspector General of Police (1st and 2nd respondents) to immediately release him, having been continuously incarcerated for a period more than 96 hours after his arrest.

Akindele is also seeking an order of perpetual injunction restraining the respondents, whether by themselves, agents, servants, privies or any other person acting on or purporting to act on the respondents’ instructions or otherwise, from further detaining or harassing the applicant or otherwise violating the applicant’s fundamental human rights as guaranteed by the Constitution of Federal Republic of Nigeria, 1999, and African Charter on Human And Peoples Rights (Ratification and Enforcement) Act, 2004.

The applicant is further seeking “A declaration that it is not the statutory function of the Nigeria Police and the IGP to act as a debt recovery agent and extract payment terms from the applicant on contractual obligations between the applicant and the 3rd to 6th respondents.

“A declaration that the continuous detention of the applicant by the 1st and 2nd respondents constitutes a gross violation of the applicant’s right to personal liberty and freedom of movement and therefore contrary to Section 35 and 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6, and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 LFN, 2004.

“A declaration that it is not the statutory function of the 1st respondent to surreptitiously oppress the applicant and abuse its powers in contempt of judicial process in order to overreach the proceedings in the various pending litigations over the management control of Duport Midstream Company Limited, where the applicant holds 73.9375 per cent shareholding through his company.

“A declaration that it is not the statutory function of the Police to surreptitiously oppress and/or misuse its powers to harass and intimidate the applicant under the guise of investigation of the alleged offence of fraudulent diversion of funds and other undisclosed allegations”.

In a 62-paragraph affidavit deposed to by one Adebanjo Ojedapo, a litigation Manager in the law firm of B.A. Law LLP, Counsel to the applicant, stated that the applicant is the Managing Director/Chief Executive Officer of Duport Midstream Company Limited, a company engaged in the business of refining crude oil and selling/supplying refined oil and gas products to downstream oil companies.

According to the deponent, by a Product Sale Agreement dated 11th October 2017 and an Addendum thereto dated 12th October 2018, Duport Midstream Company Limited contracted the 3rd respondent for the supply of crude oil for the operation of its Energy Park situated at Egbokor, Edo State.

He stated that the 3rd respondent has failed, refused and neglected to perform its obligations under the agreement by failing to keep up with the supply of crude oil.

The deponent argued that due to the failure of the 3rd respondent to perform its obligations under the Product Sale Agreement to supply crude oil to the Energy Park, Duport Midstream Company Limited incurred losses and could not get feedstock.

He revealed that by a Notice of Claim for Shortfall in Supply of Condensate dated 3rd September 2021, the applicant’s company, Duport Midstream Company Limited claimed against the 3rd and 4th respondents the sum of $9,806,309.77 (Nine Million, Eight Hundred and Six Thousand, Three Hundred and Nine Dollars, Seventy-Seven Pence) for shortfall the company suffered due to the 3rd respondent’s failure to supply crude oil as contracted.

Further to the above, the parties met severally and reconciled the outstanding amounts owed by both sides with the 3rd respondent owing Duport Midstream Company Limited the sum of $9,806,309.77 (Nine Million, Eight Hundred and Six Thousand, Three Hundred and Nine Dollars, Seventy-Seven Pence) as at August 2021.

That the parties agreed that the said sum would be satisfied by the 3rd respondent by awarding Duport Midstream Company Limited a 20 per cent discount off the purchase price of gas supplied to the latter subsequently.

He added that due to the perpetual failure of the 3rd respondent to supply Duport Midstream Company Limited’s Energy Park with crude oil, the applicant, in his capacity as the Managing Director/Chief Executive Officer of Duport Midstream Company Limited sought alternative crude supply to enable the company to carry out its mandate.

Dissatisfied with the applicant’s action, the 3rd and 4th respondents, by a letter dated 2nd June 2023 claimed that Duport Midstream Company Limited is indebted to the 3rd respondent in the sum of $5,732,407.14 (Five Million, Seven Hundred and Thirty Two Thousand, Four Hundred and Seven Dollars, Fourteen Pence).

Consequently, Duport Midstream Company Limited responded by a Letter dated 16th June 2023 highlighting the fact that the 3rd defendant is equally indebted to the former in the sum of $21,829,019.96 (Twenty-One Million, Eight Hundred Twenty-Nine Thousand, Nineteen Dollars and Ninety Six Pence) after the initial loss of $9,806,309.77 (Nine Million, Eight Hundred and Six Thousand, Three Hundred and Nine Dollars, Seventy-Seven Pence) as at August 2021 had risen over the years.

That by the above-referenced letter, Duport Midstream Company Limited demanded a set off of the claimed $5,732,407.14 (Five Million, Seven Hundred and Thirty-Two Thousand, Four Hundred and Seven Dollars, Fourteen Pence) against its (Twenty-One Million, Eight Hundred and Twenty-Nine Thousand, Nineteen Dollars and Ninety-Six Pence) and payment of the balance of $16,096,612.82 (Sixteen Million, Ninety-Six Thousand, Six Hundred and Twelve Dollar and Eighty-Two Pence) within 7 (Seven) days of receipt of the said letter.

That the 3rd respondent and the 4th respondent failed, neglected and refused to act upon the said letter.

He stated that before the above, the 3rd to 6th respondents, in concert with Mrs Mobolaji Kuku and Dr Oladipo Adeniyi, Chairman of the Board of Directors and Director of Duport Midstream Company Limited respectively, have been disrupting the activities of Duport Midstream Company Limited, thereby making it impossible for the latter to reach its commercial goal.

He added that the ultimate goal of the 3rd to 6th respondents, in concert with the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi is to wrestle the management control of Duport Midstream Company Limited from the constituted management by mounting pressure on the Managing Director/Chief Execute Officer, the applicant herein to cede management control.

“That the 3rd to 6th respondents and the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi have frustrated the efforts of the management of Duport Midstream Company Limited under the stewardship of the applicant in securing the supply of crude oil from alternative sources, after the originally contracted supplier, the 3rd respondent, failed to supply crude oil.

“That at the Board meeting of Duport Midstream Company Limited held on 12th May 2023, the aforesaid Mrs Mobolaji Kuku stated that the Duport Midstream Company Limited Energy Park was built to refine just the 3rd respondent’s crude oil.

“That the above further proved the intent of the 3rd to 6th respondents and the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi to prevent the Duport Midstream Company Limited’s Energy Park from operating and consequently fail at its mandate.

“That what the above simply means in the mind of a right-thinking person is that the refinery would not work unless and until the 3rd defendant supplies crude oil, which it has failed to realize to date.

“That it was only recently that Duport Midstream Company Limited was able to secure supply from Messrs Millennium Oil & Gas Company Limited and Messrs Decklar Petroleum Limited.

“That due to the disruptive nature of the aforesaid 3rd to 6th respondents in concert with the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi, Midstream Company Limited filed Suit No. FHC/L/CS/729/2023 against the 4th to 6th respondents herein and the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi.

“That in the aforesaid Suit No. FHC/L/CS/729/2023, Hon. Justice A. Lewis Allagoa of the Federal High Court, Lagos granted an order restraining the 3rd to 6th and the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi from interfering with the management control of the Duport Midstream Company Limited.

“That due to the continued disruptions by the aforesaid 3rd to 6th respondents in concert with the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi, Platform Capital Investment Partners Limited, the majority shareholder in Duport Midstream Company Limited with 73.9375 per cent shareholding issued a Special Notice for the removal of the 6th respondent, Mrs Mobolaji Kuku and Dr Oladipo Adeniyi as Directors of Duport Midstream Company Limited.

“That despite their awareness of the aforesaid Suit No. FHC/L/CS/729/2023, the 5th respondent, in concert with the 3rd to 5th respondents and the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi filed a parallel Suit No FHC/L/CP/1154/2023 before Hon. Justice Nicholas Oweibo and obtained another injunctive order.

“That the Order dated 26th June 2023 obtained by the 5th respondent was subsequently set aside by the court on 18th July 2023 based on the fact that same was obtained by misrepresentation of material facts”, the deponent added.

He stated that the suit filed by Duport Energy Limited was aimed to frustrate the extraordinary general meeting of Duport Midstream Company Limited slated for 28th June 2023, and that the said extraordinary general meeting was successfully frustrated, leading to an adjournment of same to 5th July 2023 in accordance with Clause 9.2 of Duport Midstream Company Limited Shareholders’ Agreement.

However, the meeting could still not hold on the adjourned date due to the frustration of the 5th and 6th respondents in concert with the aforesaid Mrs Mobolaji Kuku, Dr Oladipo Adeniyi and NCDMB, another shareholder in Duport Midstream Company Limited with 7.5 per cent shareholding.

The deponent equally noted that there is an avalanche of civil suits between the applicant or Duport Midstream Company Limited against the 3rd to 6th respondents and the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi on issues relating to the management control of Duport Midstream Company Limited, subject of the petition filed by the 3rd to 6th respondents and on which bases the 1st & 2nd respondents are acting.

In addition, the Applicant personally, and in his capacity as the Managing Director/Chief Executive Officer of Duport Midstream Company Limited had filed complaints against the 4th to 6th respondents and the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi with different departments of the 1st Respondent, including Zone 2 Lagos, Economic and Financial Crimes Commission (EFCC) and FCID Alagbon on threat to life, criminal defamation, attempted at the criminal conversion of property, stealing, etc, but the 1st respondents have not done anything on those complaints.

He stated that the 3rd to 6th respondents had earlier made fraudulent allegations against the applicant, Duport Midstream Company Limited and Platform Capital Investment Partners Limited at the Corporate Affairs Commission (CAC), EFCC and FCID Alagbon, adding that the applicant responded to all the petitions by visiting the various departments and setting the facts straight.

He said in approaching the 1st & 2nd respondents, the 3rd to 6th respondents are shopping for a forum that dances to their tunes, and they have found the said forum in the 1st & 2nd respondents.

While stating that based on the petition filed by the 3rd to 6th respondents, the officers of the 1st & 2nd respondents invaded the applicant’s office at 319, Akin Ogunlewe Street, Off Ligali Ayorinde Street, Victoria Island, Lagos, on the 21st July 2023, purportedly with a warrant of arrest, and disrupted his business in a malicious manner and without prior invitation, the deponent added that the applicant was not present in the office at the time of the invasion, but afforded the said officers of the 1st & 2nd respondent honour due to law enforcement officers by speaking to them over a telephone call.

In stating that it was only after a complaint had been laid to senior officers in the Police Force that the 1st & 2nd respondents issued an invitation letter to the applicant, the deponent said by an invitation letter dated 21st July 2023, the 1st & 2nd respondents invited the applicant for an interview scheduled for 24th July 2023 at the Force Headquarters, Abuja on the allegation of criminal conspiracy and stealing according to a petition filed by the 3rd to 6th respondents.

The deponent stated that upon the receipt of the said invitation letter, the applicant, through his counsel, Messrs Probitas Partners LLP, immediately acknowledged the receipt of same, but pleaded for a grace of 1 (One) week, that is Monday, 31st July 2023, to enable the applicant to attend to his pre-scheduled engagements.

He also argued that further to the above, on 24th July 2023, the applicant through his Counsel, Messrs B.A. Law LLP also submitted a hardcopy of the letter dated 21st July 2023 at the 1st & 2nd defendant’s office and the same was acknowledged.

He added that the 1st & 2nd respondents, without waiting for the applicant to voluntarily report to its headquarters on the 31st July 2023 as the applicant had stated in his letter dated 21st July 2023 or reach out to him via telephone or letter as earlier done, arrested the applicant at VCP Hotel, Ajose Adeogun Street, Victoria Island, Lagos in public at 10 am on Sunday, 30th July 2023, a day to his promised attendance and forcibly flew him to the Force Headquarters in Abuja and denied receiving the letter of the applicant’s counsel which was duly received and acknowledged in their office.

Immediately following the said arrest, the deponent insisted that the media space was flooded with news of the applicant’s arrest, further disparaging and damaging the applicant’s reputation as an upright, law-abiding citizen of the Federal Republic of Nigeria (FRN).

That the orchestrated invite and arrest by the 1st & 2nd respondents as well as the coordinated social media campaign against the applicant, according to the deponent is part of the extra-judicial measures being used by the 3rd to 6th respondents in concert with the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi to wrestle control of the management control of Dunort Midstream Company Limited from the applicant.

According to the deponent, “That the applicant has been in the custody of the 1st & 2nd respondents for a period over 96 (Nine Six) hours, yet to be released on bail on favourable terms for a bailable offence.

“That the applicant recognizes the right and power of the 1st & 2nd respondents to investigate the alleged crime; however, the latter should not detain, harass or intimidate the Applicant while the investigation is ongoing.

“That the allegations of fraudulent conversion of funds are yet to be investigated and the guilt of same yet to be proved, hence the applicant is entitled to his fundamental human rights to personal liberty, freedom of movement, the dignity of the human person, among other rights”.