Monday, 13 June 2016

FOUNDATIONS OF CRIMINAL LAW: No actus reus,no mens rea: This is Persecution!!!!!!!







EBUN-OLU ADEGBORUWA & CO.
Barristers, Solicitors, Consultants

‘Kogun Chambers, Jesus Arena                                                                               Tel: 08100000758, 08100000759
Itedo Road, Off Admiralty Way, Lagos                                                                08033016673, 08033246500
Lekki Peninsular Scheme 1, Lekki, Lagos

PRESS RELEASE

FRN V ADEGBORUWA 
“WE ARE SURPRISED THAT THIS CASE IS IN COURT”
EFCC WITNESS TELLS COURT

Trial commenced today, June 13, 2016, the case criminal charge filed against Lagos lawyer and human rights activist, Ebun-Olu Adegboruwa, by the EFCC for allegedly dealing in property forfeited to the federal government through an interim order of court. 

At the hearing today, Mr. I.A. Mohammed represented the EFCC for the prosecution, whilst Mr Tayo Oyetibo, SAN, led a pack of lawyers, including Chief Richard Oma Ahonarugo, Mr. Emmanuel Ogbebor, Yinka Olajuwon, John Aga, Uyi Obayagbona, Charles Ebhomwan, Mrs. O. Adegboruwa, Mrs B. Lawrence, etc, for the defence.

When the case was first called, there was no appearance for the EFCC whereupon the case was stood down for fifteen minutes. When the case was called, EFCC produced its first prosecution witness, Mr. Godwin Adams. The witness mounted the witness box and stated that he was an engineer by profession but also deals in estate management. He stated that his client, Shelf Drilling Nigeria Limited, needed an apartment at Nicon Town Estate, Lekki and he and other agents located a five bedroom apartment belonging to Mr Jonathan Udeagbala. The met with Mrs Sylva Udeagbala, his wife, who told them that his husband was in custody because he had a case with the EFCC. The property was negotiated for the sum of ten million naira per anum for five years.

The company later became reluctant to deal until Mrs Udeagbala took the agents to their lawyer, Mr Adegboruwa in his chambers in Lekki. Mr Adegboruwa disclosed to them that there is a pending criminal case with the EFCC between two friends and they have all agreed to rent out the property in order to raise money to settle the matter with the EFCC. The company then paid into the account of Mr Adegboruwa on behalf of his client, Mr. Udeagbala, and then took possession of the property. It was later on that the EFCC stormed the house claiming that the property was encumbered due to a forfeiture order by the court.

The company then contacted Mr Adegboruwa and they all proceeded to the EFCC to verify the true facts only for them to be arrested and detained. It was in custody that they learnt of the interim order of forfeiture. But it later transpired that Mr Adegboruwa had executed the instructions of his client to pay N35m out of the lease sum to the complainant in settlement of the pending case and Mr Okafor the complainant then signed an oath to withdraw the case from the EFCC and the case was withdrawn. Mr Adegboruwa did not claim that he owned the property and he did not inform the company that there was any order of forfeiture on the property.

When the EFCC prosecutor asked the witness if he had anything to tell the court, the witness said: “This matter had been settled and we want this case closed.  I am surprised to be asked to appear in court in this case.”

Under cross-examination by Mr Tayo Oyetibo, SAN, Mr Adams said that there was no way for the company to know that there was any forfeiture order on the property as Mrs Udeagbala and her family were living in the property at the time of negotiation and there was no sign or notice fixed on any part of the property by the EFCC to inform the public. He stated further that he was aware that the title to the property was deposited with Nicon Town Management Company and he visited the said company and there was no indication that the property was under forfeiture. He said he knew that Mr Adegboruwa did not parade himself as the owner of the property but rather it was the owner, Mr Udeagbala, that leased out the property. He confirmed that he was aware that Mr Adegboruwa paid out the money paid into his account by the company to the parties for settlement and the case has since been settled.
The case was then adjourned to Tuesday, June 14, 2016, for further cross examination and further hearing.

Mr Adegboruwa is being prosecuted by the EFCC for allegedly obtaining dealing in property forfeited to the federal government, but he has protested vehemently that he is being persecuted by the EFCC on account of his human rights cases against the Buhari administration and in particular, his representation of Government Ekpemupolo alias Tompolo and Mr Azibaola Robert, cousin to the former President, Goodluck Jonathan. Mr Adegboruwa insisted that the main criminal charge had been dismissed by the High Court of Lagos State in December, 2015, and the EFCC cannot validly prosecute him upon an interim order in a case that has been dismissed.

Thank you.

SIGNED:
Adegboruwa And Company,
Lekki, Lagos.
13-06-2016

Life without Christ is crisis

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