Activist-lawyer Ebun-Olu Adegboruwa Wednesday denied the allegation by the Economic and Financial Crimes Commission (EFCC) that he dealt in a forfeited property based on a court order.
He said there could not have been a freezing order on the property because the substantive case had been dismissed.
In a statement by his firm, Adegboruwa & Company, the lawyer said: “At all material times, our law firm was not aware of any interim order of attachment obtained by the EFCC on the property.
“With the ruling of Hon. Justice D.O. Oluwayemi which dismissed the main criminal charge, there can be no subsisting order of attachment as something cannot be placed on nothing and be expected to stand.”
Adegboruwa recalled that in May 2013, his law firm was approached by Mrs. Sylvia Udeagbala to represent her husband in a criminal case.
He said it followed a petition to EFCC by Chief Leonard Okafor who is from the same town as Udeagbala.
According to Adegboruwa, Udeagbala had asked Okafor to invest in a telecoms business, but the business did not succeed.
Okafor demanded a refund of his investments. Udeagbala issued him several cheques, which allegedly bounced. A criminal charge was then filed against Udeagbala for allegedly issuing dud cheques.
As a way of resolving the dispute, Udeagbala decided to lease his five-bedroom duplex in Nicon Town Estate in the Lekki area of Lagos to offset the debt.
A tenant, Shelf Drilling Co Ltd, took a five year long lease of the property for about N11million per annum, the lawyer said.
Adegboruwa said the money was distributed as follows: Okafor, N35million; Udeagbala, N12million; renovation, N8million; agent fee, N2.5million and legal fee, N2.5million.
“When EFCC got to know that the said property had been let out to Shelf Drilling for five years at the rate of N10million per annum, they told Shelf Drilling that the earlier money paid had been forfeited.
“EFCC then asked Shelf Drilling to pay N12million per annum. A sum of N24million has so far been collected by EFCC. In fact, we are informed that as at yesterday (Tuesday), 10th May, 2016, EFCC served the tenant another invoice for rent for 2016.
“Part of the terms of settlement was that Chief Okafor would withdraw his petition to the EFCC, which he did through a letter of withdrawal written by his lawyers Atuegwu Egwuatu & Associates dated 19th August, 2013, and which was received by the EFCC on 17th September, 2013.
“Consequent upon the withdrawal, the criminal charge was dismissed by the High Court on 17th December, 2015, in a well considered ruling delivered by Hon. Justice D.O. Oluwayemi. The EFCC is aware of this.”
Adegboruwa said his arrest is not due to “a dead case”, but because he has been critical of the Muhammadu Buhari administration and because of his involvement in the cases of ex-Niger Delta militant Chief Government Ekpemupolo (Tompolo) and former President Goodluck Jonathan’s cousin Azibaola Robert, both of whom he represents against charges by EFCC.
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