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United States – Justice served in favour of Jyde Adelakun, contrary to allegations of EFCC, amongst others

By Guardian Nigeria
08 May 2023   |   3:09 am
In the face of unrighteous allegations, conspiracy and falsity in the complaints in Nigeria. South Africa, Sierra Leone, United Arab Emirates and the source country United States of America, the Attorney-General office to the United States Government encountered and found unsurmountable superseding reasonable doubts that JYDE ADELAKUN a.ka. "MALEYCCAH" (Angel of the poor and the…

In the face of unrighteous allegations, conspiracy and falsity in the complaints in Nigeria. South Africa, Sierra Leone, United Arab Emirates and the source country United States of America, the Attorney-General office to the United States Government encountered and found unsurmountable superseding reasonable doubts that JYDE ADELAKUN a.ka. “MALEYCCAH” (Angel of the poor and the needy) committed the fraud as alleged by worldpay and Fifth Third Bank, and moved the motion to dismiss the complaint against Jyde Adelakun by the leave of the United States District Court.

Accordingly, the honourable judge Anthony P. patti of the United States District Court, granted the Government motion and ordered the complaint against Jyde Adelakun be dismissed.

“Being a Nigerian is not a crime known to the Constitution of United States of America” Jyde Adelakun replies US Attorney General.

EQUALITY AND JUSTICE FOR ALL, AS THE CONSTITUTION OF THE UNITED STATES, HOLDS SWAY IN THE MATTER(S) AGAINST JYDE ADELAKUN A.K.A ‘MALEYCCAH’ OVER THE ALLEGATIONS OF FRAUD MADE TO THE UNITED STATES, NIGERIA, SIERRA LEONE, SOUTH AFRICA, AND UNITED ARAB EMIRATES AUTHORITIES.

“With the exception of South African Police Service, all others like TOCU of Sierra Leone, EFCC of Nigeria and Dubai Police unlawfully violated the provisions under section 4 of the United Nation Trans Organized Crimes and Protocol (UNTOC) from the year 2018 in this case.”

While Mr Adelakun is busy with the multibillion dollars suit against Worldpay amongst others, the Maleyccah champions the course for scrutiny of the corrupt judges involved in the matter so far.

“If your country’s economy is being idealized to be better than that of mine, it doesn’t make you better than me” – says Mr. Adelakun.

“Having a NIGERIAN ethnic background is not a probable cause known to the Constitution of the United States that crime has been committed” …

” Having a position as the CEO is not a crime known to law” – says the Maleyccah in his Motion reply filed at the United States District Court.

Before reading further the summary below and for your better understanding of this matter, it’s necessary to table out a few of the legal references made by the “Maleyccah” Jyde Adelakun in his motion, response and reply filed to the United States District Court, accompanied with documentary evidence that as a result, eventually led to the Motion for dismissal filed by the relevant office of the United States Government.

Mr. Jyde Adelakun as a “Pro Se Litigant” referred amongst others to the following in quotes:

“Allegations that find favor in the public sphere of gossip and innuendo cannot be a substitute for earnest pleadings and procedure in federal court,” over the allegations of fraud in the matter between Bowyer v. Ducey, No. CV-20-02321- PHX-DJH, 2020 WL 7238261 (D. Ariz. Dec. 9, 2020), wherein the U.S. District Court Judge Diane Humetewa wrote in a blistering 29-page ruling.

“Allegations of fraud are not equivalent to evidence of fraud, and public opinion concerns about fraud do not constitute evidence that fraud occurred” …quote from the Petition to the Supreme Court of the United States of America in the case Nos. 19-1257 & 19-1258, concerning allegations of fraud in the 2020 Presidential Election.

“When pleading allegations concerning fraudulent conduct, Rule 9(b) requires something more than Rule 8: particularity” and ….” This particularity requirement demands a higher degree of notice than that required for other claims. The claim must identify who, what, where, when, and how.” From the case U.S. ex rel. Costner v. United States, 317 F.3d 883, 888 (8th Cir. 2003) and the case of the former FBI director Ashcroft v. Iqbal , 556 U.S. 662, 686, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009);

And as an eventual result, the U.S. District Judge Kimberley G. Altman issued orders requiring the Government for response within a given period and the Government eventually filed the motion for dismissal of the complaint against Mr. Jyde Adelakun, as the documentary court orders revealed.

INTRODUCTION – ALL BEGAN WITH THE AGREEMENT BETWEEN PARTIES IN 2018.

ACCORDING TO THE WORLDPAY TRANSACTION PROCESSING GUIDE AND THE RELEVANT TERMS OF THE BANK CARD MERCHANT AGREEMENT (BCMA) ENTERED INTO BETWEEN WORLDPAY (as “PROCESSOR”) AND TOF ENERGY CORPORATION (as “MERCHANT”), IT WAS FREELY AND WILLFULLY AGREED AS FOLLOWS:

THAT Worldpay and its third-party partners shall be the Processor of the transaction, in charge of verification of transactional data and obtaining authorization for payments, and TOF Energy Corporation shall be the Merchant to be paid;

THAT EVERY PAYMENT SHALL BE MADE BY WORLDPAY TO TOF ENERGY CORPORATION “ONLY AFTER THE PROCESSOR RECEIVES PAYMENT FROM THE AUTHORIZED NETWORK AND THE AGREED SERVICE FEES ARE DEDUCTED”;

THAT WORLDPAY AND ITS THIRD-PARTY PARTNERS SHALL EXECUTE THE PAYMENT TRANSACTION PROCESSING OF WHICH INCLUDES VERIFICATION AND OBTAINING AUTHORIZATION FOR EVERY TRANSACTION INITIATED;

THAT Processor (Worldpay) shall indemnify, defend, and hold harmless Merchant, and its directors, officers, employees, affiliates, and agents from and against all third-party proceedings, claims, losses, damages, demands, liabilities and expenses whatsoever, including all reasonable legal and accounting fees and expenses and all reasonable collection costs, incurred by Merchant, its directors, officers, employees, affiliates and agents to the extent resulting from or arising out of Processor’s gross negligence, or wilful misconduct.;

That should there be an issue of dispute between the Parties to the BCMA agreement, the Court(s) of Ohio shall have exclusive jurisdiction with respect to any action or proceeding arising out of or in any way relating to the Agreement, and/or pertaining in any way to the relationship between Merchant and Processor. And the Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Ohio without regard to conflicts of law provisions.;

In light of the above, and should Worldpay have genuine evidence of fraud other than innuendos and false allegations, then Worldpay should have approached the Courts in the State of Ohio over the alleged fraudulent transactions related to the BCMA agreement, but on the contrary, Worldpay and sister company Fifth Third Bank made complaint misrepresentation of facts to the United States authority, directly laying accusations that the CEO of TOF Energy Corporation had fraudulently processed 329 electronic checks via its processing terminals at the office address in the State of Georgia, according to the documentary evidence. While the criminal investigation had already been initiated AND ongoing at the time in the United States, there was “NO SUCH PROCESSING TERMINAL INSTALLED OR FOUND AT THE OFFICE ADDRESS IN GEORGIA AS ALLEGED”. Neither Worldpay nor Fifth Third Bank disclose to the United States authorities that there was anything as such BCMA agreement between Worldpay and TOF Energy Corporation, in order to simply engage the minds to believe that fraud had occurred as submitted.

SIMULTANEOUSLY, Worldpay left the source country “USA” where the whole alleged transactions took place, to directly lay accusations of fraud and money laundering against the CEO of TOF Energy Corporation in South Africa, Sierra Leone, Nigeria, and the United Arab Emirates, with a sworn affidavit made and submitted to the relevant authorities in these said countries where the CEO Mr. Jyde Adelakun has businesses ongoing.

According to the sworn affidavits, Worldpay directly attacked and accused the CEO. Mr Jyde Adelakun of fraud and Money Laundering and had all bank accounts of all the affiliated businesses and personal accounts blocked unlawfully through their sources in Nigeria, Sierra Leone, South Africa, and the United Arab Emirates since September 2018 prior to obtaining the court order to freeze the said bank accounts. However, the freezing order was granted in October 2018 in Nigeria and Sierra Leone, in December 2018 in South Africa, and in April 2020 in the United Arab Emirates.

SOUTH AFRICA PROCEEDINGS.

Worldpay initiated a criminal complaint in South Africa but failed as the South African Police upheld their Constitutional Jurisdiction, as well as the provisions in article 4 of the United Nations Convention on Trans Organized Crimes and Protocols thereto (UNTOC) and rejected the complaint on the ground that there was no criminal act performed in the Jurisdiction of South Africa and further advised Worldpay to initiate the criminal proceeding in the source country “USA” in order for the USA authority to initiate a request for legal assistance via the Interpol. Kudos to the South African Police. (This is the lawful approach the EFCC in Nigeria and TOCU in Sierra Leone should have respected and adhered to, being contracting parties to the said United Nations treaty).

When Worldpay noted and understood that the criminal proceedings have no jurisdictional bearing in South Africa, then Worldpay quickly in March 2019 approached its sources in South Africa again for assistance in initiating civil proceedings against the CEO of TOF Energy Corporation in order to sequestrate Mr. Jyde Adelakun and freeze his assets in South Africa by all means necessary regardless of Worldpay’s inability to fulfill the legal requirements in the laws.

Whereas, according to the Prescription Act and the Insolvency Act as well as the case laws of South Africa, before one can be sequestrated, there MUST initially exist a Creditor and a Debtor as well as liquidated claims that are already or initially established as debts from an action proceeding particularly in this matter where there’re disputes in the allegations and accusations of fraud. It is then only when the requirements are met that the Court in South Africa can have jurisdiction to proceed according to the provisions under section 149 read together with section 2 of the Insolvency Act 24 of 1936 in conjunction with sections 16 and 11 of the Prescription Act 68 of 1969, as well as the ‘Badenhorst Principle’. – according to paragraphs ***86 – 90 in the Judgment of the Apex Court, Constitutional Court of South Africa in the case of Trinity Asset Management (Pty) Limited v Grindstone Investments 132 (Pty) Limited [2017] ZACC 32., Case CCT 248/16 delivered on 5th September 2017.

But in the case of Mr. Jyde Adelakun, the Courts in South Africa did not remember the existence and application of these provisions in their own laws to promote despite the clear facts that Mr. Jyde Adelakun vehemently on bonafide grounds, disputed the unliquidated claims of debt and challenged the jurisdiction of the courts in South Africa where he’s neither a debtor of Worldpay nor any of his affiliated businesses. However, Worldpay managed to succeed in January 2020 unjustifiably and unconstitutionally using its sources “who you know format” in the courts of South Africa and regarded Mr. Adelakun as a foreigner – Nigerian in South Africa to obtain the unconstitutionally biased Judgments against Mr. Adelakun from the affiliated Judges.

These sequestration judgments of 2020 in South Africa were then immediately published online and submitted by Worldpay representatives to the Courts in Sierra Leone, Nigeria, United Arab Emirates, and back in the United States in order to influence the minds of any reader against Mr. Adelakun, creating an aura of belief that fraud had occurred and had been perpetrated by Mr. Adelakun solely to quickly rob Mr. Jyde Adelakun of fair Constitutional justice on a first come first serve media propaganda basis, all of which still lingers online today.

(This sort of online publication is also widely practiced in Nigeria, Sierra Leone and United States except for UAE in this particular matter. But Sierra Leone committed the worst to have initially declared and posted the picture of Mr. Adelakun at the airport of Freetown as a wanted person for an alleged crime allegedly committed outside the jurisdiction of Sierra Leone without any regard for the law provisions under article 4 of the aforementioned UNTOC, before the matter was brought to the court).

In the sequestration judgments of Judge Elizabeth Steijn (Steyn) of the High Court of South Africa, Western Cape Division, it’s explicitly obvious that the Judge must be biased and wrong in all manner and performance with unreasonable and unconstitutional conclusions, stating to have considered the whole matter “holistically” that Mr. Adelakun indeed defrauded Worldpay in the United States (outside her Constitutional Jurisdiction of Power to adjudicate), without any shred of valid lawful evidence amongst others to that effect.

Legally, it’s clearly outside of the adjudication Constitutional Jurisdiction of the South African, Nigerian, Sierra Leonian, and United Arab Emirates Judges to decide or accuse Mr. Adelakun over allegations of unproven fraudulent activities that allegedly took place within the jurisdiction of the United States of America., without a valid Judicial decision from the competent Court of Jurisdiction in the United States of America.

Furthermore, the South African Judge Mantame and Judge Elizabeth Steyn of the High Court of South Africa, Western Cape Division, based their judgments on forged contradictory documentary evidence of Fifth Third Bank statements fabricated and produced by Ian Belsham, an employee of Worldpay located in the United Kingdom and Cindy Lucero an employee of Fifth Third Bank located in Florida, USA (outside the competent States of Michigan and Ohio), compared to the original official and genuine Fifth Third Bank statement of Touch of Fame Group issued by the Fifth Third Bank Head Office in the State of Ohio.

OBVIOUSLY MORE THAN SOMETHING IS CLEARLY WRONG HERE IN THE MANNER THESE MATTERS WERE INITIATED AND HANDLED SO FAR.

Consequently, the Master of the High Court of South Africa, Western Cape division and the unconstitutionally appointed so-called “Trustees” dashed to quickly take over the funds of Mr. Adelakun in the bank accounts and that of his businesses as earliest as April 2020 way long before the freezing order was later discharged or set aside in February 2021 by the same Judge Elizabeth Steyn, the condition of which begs the question, on “how the Trustees were able to obtain funds out of the blocked bank accounts of Mr. Adelakun during which the freezing order of the High Court was yet subsisting in April 2020”? Whereas, section 165 of the South African Constitution 1996 as amended provided that all Orders of Courts are binding on all until set aside.

What kind of explanation can be given here as the reason to withdraw funds out of a bank account without legal consent or valid approval other than pure fraud and flagrant disregard of the Order of the Court amongst others?

Mr. Jyde Adelakun yet, UNTIL DATE, has maintained a pending criminal case opened in August and November 2018 and ongoing against Worldpay and involved officers thereto for threat, intimidation, fraud, and having fraudulently fabricated logo of TOF Energy Corporation and used it in fraudulent documentary materials submitted by WorldPay to the South African Police amongst others.

The matter is now again to be re-initiated for review in South Africa in the wake of the result of the action proceeding result from the source country “USA” where the complaint of fraud was dismissed by the order of the United States District Court of 12th December 2021.

NIGERIA, SIERRA LEONE, AND UNITED ARAB EMIRATES PROCEEDINGS

Worldpay initially succeeded in freezing the bank accounts of Mr. Jyde Adelakun and all affiliated businesses but has not succeeded in outrightly winning the legal proceedings thus far in these countries.

Ian Belsham of Worldpay United Kingdom and Chris Allen of Fifth Third Bank, Ohio produced and submitted on official letterhead documentary evidence stating falsely that payments were indeed made to the personal bank accounts of Mr. Jyde Adelakun at the Polaris Bank (then Skye bank Plc), as well as to the business Naira bank accounts of TOF Energy in Nigeria contrary to the reality and the official genuine Fifth Third Bank account statements and the receiving Polaris Bank (then Skye bank Plc) account statements. THIS SORT OF INTENTIONAL MISREPRESENTATION OF FACTS KNOWINGLY MISLEADING FALSE INFORMATION FOR A TARGETED PURPOSE, IS BEYOND WORDS AND COULD EXPRESS FROM ORGANIZATIONS THAT ARE SUPPOSED TO BE TRUSTED FOR FUNDS OF CUSTOMERS IN THEIR CARE AND TRANSACTIONS THERETO.

Whereas Ian Belsham is said and narrated to be a reputable officer of Worldpay AP in the United Kingdom according to the online publication, but obviously, he’s not what he’s projected to be online as the documentary evidence in this matter revealed. The same applies to the Fifth Third Bank N.A and the employees involved in this case.

Could such risks take by the stupidity of the Fifth Third Bank (USA) or Worldpay AP in UK and would the bank not have records of where it made payments?

Stupidity as such could be nothing else but a clear conspiracy to harm AND DESTROY Mr. Adelakun in every manner possible at the length of the wind. But as God has not destined his MALEYCCAH to be a permanent victim of such conspiracy, Mr. Adelakun survived.

Also in Nigeria and Sierra Leone, both the EFCC and TOCU respectively attempted to unconstitutionally confiscate the funds in the bank accounts of Mr. Adelakun and his affiliated businesses but failed by the sway of the law.

Meanwhile, in the UAE, Mr. Adelakun was initially made a victim of conspiracy as evidenced by the Judgments of both the lower courts of Dubai to have imposed unjustifiable measures / fines against the MALEYCCAH and another, before the reputable Apex Court Supreme Court of the United Arab Emirates took the sway and overturned the judgments of the lower courts having violated the rights of Mr. Adelakun and another to fair hearing by an independent tribunal, and further settled the interpretation of Money laundering charges in UAE that, should the element of source crime of fraud be absent in the United States, there cannot be a talk of Money laundering in the UAE in this particular matter and consequently ordered the lower Court to verify and confirm if indeed the alleged source crime of fraud in the United States is absent by the Order of the United States District Court. The matter was then on 14th February 2022 referred back to the Dubai Court of Appeal for execution as guided.

According to the office of the United States Attorneys as well as Interpol documentary evidence, it was confirmed that the United States Authorities had since 14th December 2021 communicated the order of dismissal of the complaint against the Maleyccah, to the UAE authorities, but the UAE authorities yet denied having being informed by the United States Authorities at all before a request for verification was sent by the UAE Central Authority to the United States Central authority as the documentary evidence referred. Whereas, also in February 2022, Majdi Haddad, an employee of the United States Department of State situated at the United States Embassy in Abu Dhabi, stated telephonically to Mr. Adelakun that he (Majdi) had delivered the order of dismissal of the complaint to the UAE Director of International Cooperation, honorable Judge Abdul Rahman Murad Al Baloushi. Majdi Haddad stated same to several others that communicated with him over the delivery of the order of the United States District Court of 12th December 2021 to the UAE Authorities in charge, but yet the Dubai Court of Appeal could not proceed since February 2022 Judgment of the UAE Apex court, on the grounds that the Dubai Public Prosecution is yet to receive the response from the United States.

And yet, Mr. Adelakun took the initiative to obtain authenticated documentary evidence of the United States district Court order of dismissal, certified as authentic by the United States Department of Justice, United States Department of state and the Embassy of the United Arab Emirates in Washington DC, but yet, the Dubai Court of Appeal did not consider such as verified except that such comes via the Dubai Public Prosecution Channel and the proceedings were adjourned several times until Mr. Adelakun took a wild step to grab the bull by the horns over again on 11th November 2022, confronted the Honorable Judge Abdul Rahman Murad Al Baloushi in Abu Dhabi and presented his grievances and complaint over the unjustifiable and unnecessary delay in the provision of the said order of dismissal to the Dubai Public Prosecution. And on the 14th of November 2022, the said order of dismissal was initiated by the Dubai Court of Appeal.

In the wake of the authenticated documentary evidence of the dismissal of the complaint of fraud and money laundering made against Mr. Jyde Adelakun by its own Motion of the United States Attorney’s office and the order of the United States District Court, Mr. Adelakun now awaits the finalization of the pending proceedings in Nigeria, Sierra Leone and the United Arab Emirates, as well as the review in the South Africa proceedings.

In November 19, 2022, the Dubai Court of Appeal received the saving grace in favor of Mr. Adelakun from the United States Authorities in the form of notarized documentary evidence of the dismissal of the complaint against Mr. Jyde Adelakun on the grounds that the complaint is unestablished and unfounded as currently investigated. This is the complaint that normally should lead to an indictment but the complaint itself did not succeed but was dismissed without prejudice.

According to the United States Attorney’s office, a new complaint containing facts that are not already known previously, if any, is required to initiate a new investigation and proceeding in this Matter. But yet, there’s none since the dismissal of the initial complaint in December 2021 until date.

AND FINALLY IN LIGHT OF THE WRITTEN NOTARIZED DOCUMENTARY EVIDENCE FROM THE OFFICE OF THE UNITED STATES ATTORNEY DATED 30TH SEPTEMBER 2022 AND 4TH OCTOBER 2022 TO THE AUTHORITIES OF THE UNITED ARAB EMIRATES, THE DUBAI COURT IN ITS JUDGMENT OF 29TH DECEMBER 2022, DISMISSED ALL CHARGES AGAINST MR. JYDE ADELAKUN.

AND WHEN THE DUBAI PROSECUTION ON 25TH JANUARY 2023 UNREASONABLY CHALLENGED AGAIN THE CLEAR JUDGMENT OF THE COURT OF APPEAL OF 29TH DECEMBER 2022, THE SUPREME COURT ON 20TH MARCH 2023 DISMISSED THE APPEAL OF THE DUBAI PROSECUTION AS LEGALLY UNSOUND AND FURTHER RULED THAT THE APPEALED LACKED THE LEGAL VISION AND SENSIBILITY AMONGST OTHERS, AND THAT THE APPEAL WAS MADE SOLELY TO FRUSTRATE THE FOUNDATION OF JUSTICE.

UNITED STATES PROCEEDINGS

After Worldpay unconstitutionally succeeded in South Africa and the unjustifiable results therefrom were published online for the World to see and read, the United States Secret Service agent “John Kraemer” initiated proceedings against Mr. Jyde Adelakun and warrants of arrest amongst others were issued on 17th March 2020, and June 2020. The matter was kept under “SEALED” and Mr. Adelakun had no idea of the existence of these initiations, not until August 2021 after the matter was brought to the court in the United Arab Emirates.

When Mr Adelakun obtained copies of the affidavit of complaint submitted by the US Authority to the United Arab Emirates in the request for legal assistance, Mr. Adelakun summoned his knowledge acquired in law and held the bull by the horns facing the challenges.

Mr. Adelakun filed several motions amongst of which was seeking for the court to inflict punishment of the USSS agent and the involved officers of the office of the United States Attorney’s office for misleading the court in the contradictory sworn affidavits made under oath countlessly against Mr. Adelakun containing the accusation that Mr. Adelakun fraudulently processed 329 electronic checks at the processing terminal in the Georgia office address of TOF Energy Corporation as well as that Mr. Adelakun was arrested in London in 2015 for fraud as a subject of an investigation of the United States Authority, amongst others.

Mr. Adelakun challenged the office of the United States Attorneys to produce evidence to all the accusations and allegations in his motions to the United States District Court and the United States District Court issued orders acquiring response from the Government within the given period in time and of which finally triggered the Government own motion to dismiss the complaint against the MALEYCCAH without prejudice on the 8th December 2021 and ended by the order of the United States District Court on 12th December 2021.

THE CONSTITUTION OF THE UNITED STATES OF AMERICA IS THE SUPREME HARBINGER OF HOPE FOR THE VOICES OF THE WEAK TO BE HEARD AND BE REDEEMED AGAINST ALL UNJUSTIFIABLE AND UNCONSTITUTIONAL PROCEEDINGS, PERSECUTIONS AND OPPRESSION.

THE SYSTEM WORKS – GOD BLESS AMERICA.!

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