Firm seeks NASS’ intervention in alleged EFCC harassment

A firm, Melka West Africa Limited has called on the National Assembly to direct the Economic and Financial Crimes Commission (EFCC) to stop harassing and intimidating its Managing Director, Mrs. Elsie Uwaka over a civil matter involving the firm, First Bank of Nigeria Plc and the Nigerian Navy.

Melka, in its letter also urged the Senate to order the anti-graft-agency to obey the order of court in a suit marked FHC/L/CS/667/2017 involving First Bank of Nigeria Plc and the owner of a Tugboat named M.V. Naomi Princess.

Aside National Assembly, the firm also copied the office of Attorney General of the Federation, praying that it investigates the alleged harassment as it claimed that the case is pure civil, adding that the anti-graft agency ought to obey an order of the court in a suit marked FHC/L/CS/667/2017 over credit facility and the contractual transaction.

The firm said on December 16, 2013, a vessel was made a security for the facility under a Vessel Mortgage, which was strictly between Melka and First Bank where the late Chief Mike Uwaka executed the contract in his capacity as the MD/CEO and gave a personal guarantee of the facility.

However, the relationship resulted in a suit between the bank and M.V Naomi Princess & Melka West Africa before Justice Chuka Oblozor at the Lagos Division of the Federal High Court.

The firm stated that consequent to a review of the terms of settlement and consent judgment entered by the court, it was discovered that there were some jurisdictional issues that affected the competence of the court to have entered the consent judgment.

“By an originating summons in suit dated September 5, 2018, the plaintiffs sought to set aside the consent judgment entered by Justice Obiozor on December 12, 2017, and same was assigned to Justice C. J. Aneke whose decision on the suit is currently being challenged at the Court of Appeal, Lagos, in Appeal No: CA/L/1590/2018,” it said.

It further stated that rather than allow the judicial process to run its course, the Bank resorted to several acts of intimidation leading up to the invasion of the MV Naomi Princess at Onne Port by unauthorised members of the Nigerian Police sometime in March 2019.

“However, upon a presentation of our petition on this invasion to the AIG, (Marine Division) Nigeria Police Force and the investigation of the facts and circumstances of the invasion, the officers were immediately ordered to vacate the vessel and the Bank was advised to pursue their legal recourse in the courts and the petitioner continued to carry-on its commercial activities.

“In complete disregard of the pending court proceedings, the Bank lodged a criminal petition to EFCC to use it to enforce the consent judgment referred through the instrumentality of frivolous allegations. The EFCC began to harass the petitioner’s staff and our director, Mrs. Uwaka,” it said.

“Consequently, the said director initiated a suit for the enforcement of her fundamental rights against the EFCC and the Bank at the High Court of Lagos State in suit marked LD/9085MFHR/19, Mrs Elsie Uwaka v. EFCC, Shuaibu Umar & First Bank of Nigeria, after presenting their respective cases before Justice O. Harrison, which judgment was delivered on June 2, 2020.

The court found that none of the said allegations constitute an economic or financial crime known to law as stated in EFCC Act or any of the other allied Acts and therefore held that, “any further continuous investigation of the applicant’s company Melka West Africa Limited, invitation of the directors of the applicant’s company and threat to arrest and detain the applicant pursuant to the petition of the 3rd respondent by the 1 and 2 respondent is indeed unlawful and a breach of the applicant’s fundamental rights.”

The court further ordered that neither the director nor the petitioner’s business associates, MV Naomi Princess be harassed, investigated, arrested or detained on any issue relating to the Bank’s petition to them.”

The firm stated that the EFCC disobeyed the judgment of Justice Harrison and filed a criminal charge against the petitioner and its director, Mrs. Uwaka.

Again, EFCC filed criminal charges against Uwaka before Justice Olubunmi Abike-Fadipe of a Lagos High Court, Ikeja on the same facts Justice Harrison already decided and said there was no crime.

Following the development, the petitioner thereafter filed suit at the Federal High Court, Port Harcourt division against Nigerian Navy before Justice Adamu Turaki, who made an order on May 11, 2023, restraining the Navy from taking any further steps and maintain status quo regarding the Vessel, pending the determination of the motion on notice.

Notwithstanding, the Navy and the EFCC moved the vessel from anchorage at Onne Port to the FLT Jetty in preparation for the vessel to be moved to Lagos, out of the jurisdiction of the Federal High Court, Port Harcourt and contrary to the order of the court.

The company, therefore, pleaded for urgent intervention and called on the Navy and the EFCC to adhere to the rule of law.