Alleged Fraud: Globacom Asks Court To Stop EFCC’s Investigation, Seek N50m Damages
Telecommunications company, Globacom Limited has urged a Lagos State
High Court in Igbosere to restrain the Economic and Financial Crimes
Commission ( EFCC ) to stop further investigation on a petition
written against it by a foreign firm over alleged fraud.
Globacom is also demanding the sum of N50 millions as damages for the
unlawful and unwarranted threats of arrest and detention of the
applicants on account of a transaction which is purely contractual.
Also joined as respondents in the case apart from EFCC is the foreign
firm, Emitac Mobile Solutions, LLNP, based in Dubai and an operative
of EFC, Kadiri Thomas.
First applicant in the suit is the Head of the Marketing Department of
the telecommunications company Mr. Ashok Israni.
Globacom Limited is specifically seeking an order of injunction
restraining EFCC and the third respondent whether by themselves, their
agents, associates, nominees, servants or any other person whosoever
described and called from arresting, harassing detaining inviting for
question or any other manner seeking to curtail and interfering with
its right to personal liberty, private life and freedom of movement
in connection with an unwarranted attempt by the second respondent to
criminalize a purely civil contractual transaction
In the 28-paragraphs affidavit filed in support of the suit and
deposed to by a legal officer in the office of Globacom Limited,
Olumide Taye Babafemi, it was averred that the issue between his
company and the foreign firm are purely contractual arising out of a
framework agreement which clearly provided for modalities for
resolving issues therein
But the foreign firm in its counter affidavit, averred that the
failure of Globacom Limited to pay the sum of USD 6, 685, 312. 88,
being the balance of the service rendered to the telecommunications
company for the provision of Blackberry Solutions (BIS), a wireless
solution that was supposed to allow Glo’s mobile users to access
communications and information wireless has caused windup of its
operations in Nigeria and also resulted to the laying off of 95
percent of its staffs.
The foreign firm averred that Globacom Limited made Emitac Mobile
Solutions to render service under false pretense
EFCC and it’s operative, Thomas in their counter affidavit to the
suit, alleged that the commission was only acting on a petition
written against the telecommunications company over alleged fraud.
The commission averred that the suit was an attempt by the Globacom
Limited to forestall further investigation into criminal aspect of the
petition, EFCC further averred that nobody is instigating the
commission to performed it statutory obligations
The suit which was fixed for hearing on Monday before Justice A O
Animahun could not be heard due to defects on some of the processes
filed by EFCC.
Justice Animahun had, however, fixed August 24 (Thursday) for hearing
of the suit.
The judge also directed the EFCC’s counsel, George Chia-Yakua to make
necessary correction on his processes.