Godwin Tsa, Abuja

The Independent Corrupt Practices and other related offences Commission (ICPC) has asked the Abuja division of the Federal High Court to dismiss the N1 billion suit filed against it by Pinnacle Communications Ltd (PCL).

In a suit marked FHC/ABJ/CS/779/18, dated July 23, 2018, Pinnacle Communications challenged what it described as “unlawful acts of the ICPC directing Zenith Bank to withhold its money domiciled with the bank without a valid court order.

In addition, the court was further urged to declare that the act of the ICPC ordering the 3rd defendant to place a “post-no-debit” restrictions on the plaintiff’s account with the 3rd defendant without any court order and or any valid court order is ultra vires, unlawful, injurious, unconstitutional and a breach of the plaintiff’s right to its movable property.

When the case came up on Tuesday,

counsel to the plaintiff, Oluwole Olatunde, had told the court that the matter was for hearing.

However, counsel to the ICPC,   E.A Shogunle, told the court that he had filed his counter processes in opposition to the originating processes, but that he had an application for extension of time to regularise his processes having filed out of time.

The application by the anti-graft agency is coming ten months after the suit was filed in 2018.

But Okey Ojukwu, who announced appearance for the 2nd defendant (Zenith Bank), informed the court that he had filed two applications on May 20, dated same day, in respect of the matter.

Ojukwu said the application was for extension of time to regularise the 2nd defendant’s processes.

The second application according to Ojukwu, was for an order striking out the name of the 2nd defendant from the suit, which the plaintiff’s counsel said he would oppose.

Similarly, the 3rd defendant (AGF) through its lawyer, hinted the court that she would be filing processes.

After hearing all parties, Justice Taiwo adjourned the matter to June 27, for the hearing of all pending applications.

Pinnacle Communications is also seeking “a declaration that the act of the 2nd defendant in placing a “post-no-debit” restrictions on the plaintiffs account number 1012875804 with the 3rd defendant without any court order and or any valid order is unlawful, injurious, unconstitutional and a breach of the plaintiff’s right to its movable property.

“A declaration that the failure of the 3rd defendant to right the wrongful act of the first defendant in ordering a “post no debit” restrictions on the plaintiff’s account with the 2nd defendant without a valid court order is unlawful, illegal, unconstitutional and a breach of the plaintiff’s right to its movable property.

“An order of perpetual injunction restraining the defendant from placing any restrictions on plaintiff’s account with the 2nd defendant without a valid and competent court order.

“An order of perpetual injunction restraining the 1st defendant from placing any form of restrictions on the plaintiff’s account with the 2nd defendant and or any other bank or financial institution in which the plaintiff maintains any account and or dealings, without a court order and or valid and competent court order.

“An order for the payment of the N1billion as general, exemplary and punitive damages against the defendant for their unlawful and illegal act.