Chief Patrick T. Chidolue V. Economic And Financial Crimes Commission (EFCC) (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment)

By an originating summons dated 17th October, 2008, the Appellant herein sought for the following reliefs:-

1. A declaration that the Defendant’s forfeiture of the Plaintiff Standard chartered Bank cheque No. 00052370 for the sum of N100,000.000 (One Hundred Million) only is a violation of the Plaintiffs right to property guaranteed under section 4 of the Constitution of the Federal Republic of Nigeria, 1999 and is accordingly unconstitutional and void.
2. An order of mandatory injunction directing the Defendant to release forthwith to the Plaintiff his Standard Chartered Bank Cheque No.00052370 for the sum of N100,000.000 (One Hundred Million) only which the Defendant forfeited from the Plaintiff without lawful authority.
3. An order of perpetual injunction restraining the Defendant by themselves, their agents/servants or privies from forfeiting the Plaintiffs property in anyway violating the Plaintiffs rights to property guaranteed under Section 44 of the Constitution of the Federal Republic of Nigeria, 1999.

In addition to the reliefs sought as set out above, the Appellant submitted the following questions for determination of the case:-

1. Whether the Economic and Financial Crimes commission (Establishment Etc) Act, cap E1 LFN 2004 which established the Defendant conferred on it power to compulsorily take possession or forfeit the property of a citizen of Nigeria without a Court Order first sought and obtained.
2. If the answer to the above is negative whether the Defendant is bound to return to the Plaintiff the Standard Chartered Bank Cheque No. 00052370 for the sum of N100,000.000 (One Hundred Million) only which the Defendant compulsorily forfeited from the Plaintiff.

This originating summons which was accompanied by a 17 paragraphs affidavit was heard by the Federal High Court Abuja and in a reserved and considered judgment which was delivered on the 11th of February, 2010; the lower court dismissed the Appellant’s claim on the ground that the claims were not proved.

Being dissatisfied and aggrieved with the judgment aforesaid, the Appellant has brought this appeal. His notice of appeal which is at pages 121-124 of the record of this appeal contains two grounds of appeal.

In line with the relevant rules of this Court, parties filed and exchanged briefs of argument. The Appellant formulated two issues for determination of this appeal at page 3 paragraphs 4.01 and 4.02 of his brief of argument dated 16th of April 2010.

These issues read as follows:-

i. Whether the circumstance of this case the burden of proof that the Appellant made the statements in exhibits A and A1 under duress is on the Appellant?

ii. Whether it was necessary that the Appellant file further and better affidavit in answer to new facts in the Respondents counter affidavit alleging that Exhibits A and A1 constitute an agreement between the Appellant and the Respondent to compound the offence contained in Exhibit AG5?

At page 3 of the Respondent’s brief of argument dated 17th of May 2010 and filed on the same day, one issue only is formulated as follows:-

“Whether having regard to the evidence placed before the lower court, the learned trial judge was not right to have dismissed the Appellant’s suit.

Appellant filed a reply brief on the 26/5/2010. Same will be considered in course of this judgment.

Before I consider the argument of parties in this appeal, it is pertinent to set out in brief the sequence of events that led to this appeal.

The facts which are set out in the Appellant’s brief of argument show that, sometimes in 2005, the Respondent received a petition against Chief DSP Alamieyeseigha, a former governor of Bayelsa State. During the investigation which followed the petition, it was found that the former governor of Bayelsa State bought the property known as Chelsea Hotel Abuja with funds belonging to Bayelsa State government using one of his companies, Herbage Global Services Ltd. The property was sold to Alamieyeseigha by Patnasonic Industries Ltd, a Company owned by the Appellant for one Billion Five Hundred Million Naira and a sale agreement evidencing the sale was made.