From TONY JOHN, Port Harcourt
A Rivers State High Court sitting in Port Harcourt has slated April 12, 2022, for hearing on fundamental human rights filed by the Chairman of Ibeto Cement, Mr. Cletus Ibeto, against the Economic and Financial Crimes Commission (EFCC) and Daniel Chukwudozie.
Ibeto (applicant) had dragged EFCC (first respondent) and Chukwudozie (second respondent) before Justice Boma Diepiri of the High Court in Suit Number: PHC/268/FHR/2022, for the enforcement of his fundamental human rights.
In the originating motion on notice, the applicant prayed the court to declare the harassment on Ibeto unlawful; declare that EFCC is not empowered to tackle contract matters; that it lacks power to handle land transactions, an injunction to restrain EFCC from arresting Ibeto and to pay N500 million damages for unconstitutional arrest of the applicant.
However, at the resumed sitting yesterday, the applicant’s counsel, Henry Bello, told the court that the matter was fixed for hearing on motion.
Bello, who held brief for the lead counsel for the applicant, Onyechi Ikpeazu, a Senior Advocate of Nigeria (SAN), told the court that he was yet to reply the preliminary objections by the first respondent (EFCC).
However, counsel for the EFCC, Simon Ibekwute, drew the attention of the court to his preliminary objection filed on February 21, 2022, saying that the court lacks jurisdiction to entertain the suit in Rivers State.
He added that the alleged infringement of the applicant’s fundamental human rights occurred in Abuja.
Ibekwute also filed a motion for extension of time because his processes filed were not within the time limit as provided by law.
Also, the second respondent (Chukwudozie) filed a preliminary objection which is in the same line of argument with the first respondent. He maintained that the court lacks territorial jurisdiction to entertain the case.
On the extension of time by the EFCC, both the applicant’s counsel and second respondent did not oppose to the application.
Following the submissions by the counsels in the matter, the trial Judge, Justice Boma Diepiri, adjourned the matter till April 12, 2022, for hearing on the motions and counter-motions by the parties.
Justice Diepiri also directed parties in the matter to filed all their proceedings before the adjourned date, to enable the court to hear the matter and possibly fix date for judgement.
Speaking with journalists outside the courtroom, Henry Bello, counsel for Ibeto explained that: “The matter came up today for hearing. However, we could not proceed today for hearing because the first respondent (EFCC) filed their processes out of time. They didn’t filed within the time specified by the Fundamental Human Rights Enforcement Procedure Rules of 2009.
“They did the right thing by bringing their applications for extension of time and we didn’t oppose. It was granted and the case is now adjourned till April 12, for hearing. On our own we did not oppose.”
Similarly, Okey Obikeze, counsel for the second respondent (Chukwudozie), said: “Each of the respondents filed a motion challenging court jurisdiction to hear the matter here (Port Harcourt), because what Ibeto complained of was that, when he visited EFCC in Abuja, he was not allowed to take his medicine, eat food and was in their custody for 12 hours. These, he termed to be against his fundamental human right.
“Dozzy and EFCC filed a separate motion saying that the court in Port Harcourt lacks jurisdiction to hear the matter, that it is High Court in Federal Capital Territory Abuja that can hear the matter because what they complained was that they were not well treated in EFCC office in Abuja.”