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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 to 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 lacked 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 were not within the time limit as provided by law.
Also, the second respondent (Chukwudozie) filed a preliminary objection in line with the argument of the first respondent. He maintained that the court lacked 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 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.
He also directed parties in the matter to file all their proceedings before the adjourned date, to enable the court to hear the matter and possibly fix the date for judgement.
