HeadlineAiteo, Peters Assemble High Profile Lawyers To Engage EFCC As Judge Restrains...

Aiteo, Peters Assemble High Profile Lawyers To Engage EFCC As Judge Restrains FG, Agency

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BEVERLY HILLS, December 08, (THEWILL) – A Federal High Court in AbujaFridayrestrained the Federal Government from taking steps that may cripple the operations of AITEO Eastern E & P Company Limited and block access to its bank accounts.

This is the second court win for Aiteo in two days as it tries to fend off state sponsored charges around money laundering and election campaign funding.

Justice Gabriel Kolawole made the order after he entertained an ex parte motion filed by Mike Ozekhome (SAN) on behalf of the company.

AITEO, a Limited Liability Company, is a major player in the upstream sector of the Nigeria’s oil industry.

It is also a joint operator of Oil Mining Lease (OML) 29, an asset which is jointly owned by the firm and the Federal Government through the NNPC, which subscribes 55 per cent of the said asset.

The EFCC says it is investigating Peters and his companies’ campaign donation to the PDP in the 2015 presidential election. It is also investigating them for money laundering. Aiteo and Peters say the allegations are politically motivated and that they have conducted their affairs within the dictates of the law.

The ex-parte application is seeking an order of interim injunction restraining the defendants from interfering with or obstructing the business operations of the company.

The defendants in the case are Attorney-General of the Federation and Minister of Justice (AGF) and the Economic and Financial Crimes Commission (EFCC).

The judge in his ruling agreed with the submissions of Ozekhome that the business operations of the plaintiff may be crippled if the ex parte restraint order made by the Crown Court, London on October 19, 2017 is allowed to be registered in Nigeria, before determination of the motion on notice:

“The facts of the instant case by my assessment present a peculiar circumstance which this court needs to address. One of the facts is that by the Nigerian law, that is Foreign Judgement Fiscal Act, interim expropriating orders such as it is alleged to have been made by the Crown Court in London are not registrable for the enforcement in Nigeria,” Kolawole held.

Arguing the ex parte motion earlier, Ozekhome, citing authorities, had urged the court to make a preservative order for maintenance of the “status quo ante bellum” in order to halt the defendants from taking any steps prejudicial to the business concerns and activities of Aiteo.

Ozekhome argued that if a preservative order was not made immediately against the defendants, to preserve the “res”, recent developments, show that the EFCC could spring up surprises by freezing accounts of the company, sealing it, etc, even before the motion on notice is heard.

Justice Kolawole further ordered the AGF and the EFCC to show cause on Dec. 18 why the reliefs sought by the plaintiff in the motion ex parte should not be granted.

He adjourned the matter until Dec. 18.

Meanwhile, it looks like Aiteo and Mr. Peters are all out and set for what is expected to be one of the biggest legal battles against the EFCC with their announcement of the assemblage of Nigeria’s most sough after litigation lawyers in anticipation of allegations of money laundering and other related charges that the anti-graft agency may come up with against them.

THEWILL recalls that Peters and his companies, Aiteo and Northern Belt secured a crucial win on Thursday with the ruling by an Abuja High Court that they acted within the law by donating $60m to the Peoples Democratic Party, PDP, during the 2015 presidential election.

Aiteo had previously announced the engagement of high profile international lawyers in the United Kingdom to lead the global effort to “address legal and political-based issues.” The top Nigerian lawyers will complement their international representation efforts within the country.

The team, led by Chief Wole Olanipekun, Senior Advocate of Nigeria (“SAN”), a former leader of the Nigeria Bar, comprises senior lawyers Kanu Agabi SAN and Chief Akin Olujinmi, SAN, both former Attorneys General and Ministers of Justice of the Federation, reknown Constitutional and Human Rights Lawyer Chief Mike Ozekhome SAN, Messrs Paul Usoro, SAN, Rotimi Ogunesi SAN and A U Mustapha, SAN. All Senior Advocates (the equivalents of Queen’s Counsel in the United Kingdom) are distinguished practitioners at the apex of legal practice in Nigeria. Others lawyers include Ebenezer Obeya, Chief Andrew Oru, Mrs Boma Alabi, Messrs Chidi Nobis-Elendu, Emeka Ozoani and Joseph Nwatu.

Olanipekun, who is described as Nigeria’s Avant-Garde lawyer, is referred to as of Nigeria’s leading trial lawyer. Kanu Agabi, an accomplished litigator, served Nigeria twice as Attorney General as did Akin Olujinmi whose core practice is also litigation. Mike Ozekhome’s reputation as one of Nigeria’s foremost Constitutional Law and Human Rights advocates draws from a lifelong career of fighting oppression and injustice through courts and social advocacy. Paul Usoro is a nationally acclaimed litigation and transaction expert whose core areas span the gamut of commercial law practice. Excellent all-rounders Ogunesi (of the stable of Abdullahi Ibrahim, SAN, also a former Attorney General of the Federation) and Mustapha make up the team of Senior Advocates. Others in the team include Security law expert Ebenezer Obeya, dual qualified and former President of the Commonwealth Lawyers Association Boma Alabi as well as the combative Andrew Oru.

Announcing these appointments, Andrew Onyearu, Aiteo Group Executive Director and General Counsel said “… The Group’s belief in the Rule of Law and the legal processes in Nigeria require engagement with both commitment and premium resources. Recently, our conviction in the infallibility of our judicial processes continues to be vindicated by judicial pronouncements deprecating the unjustified calumnious attacks on our business and personal outlook. Our respect for this process mandates that those who advocate positions on our behalf possess and demonstrate the type of world-class credentials that our lawyers clearly possess.” He further observed that “…at the fulcrum of this stance is that desire to ensure that the course of justice is charted with the utmost sense of application, responsibility and expertise”. Quite significantly, he states that“…the Group has been adversely affected by a lithany of unsustainable unlawful developments affecting both reputational and commercial integrity in a manner that has negatively impacted its operations. The Group can no longer allow this situation to continue and as such, has resolved to take steps to protect all its legal interests. Recent positive – and ground breaking – outcomes from judicial interventions that we have achieved serve as clear pointers about the direction that we are now pursuing. Increasing the successful utilization of the judicial process in areas where we have been wronged will be the main objective of the team we have now put together.”

The scope of the work to be undertaken by the team will span the breadth of contentious legal work. It is understood, specifically, that one of its early mandates is to review defamatory publications commonly referred to as “open source” materials in which Aiteo and Peters have been featured in the last few years and to redress these fabricated insinuations by all available means including court actions, a process which appears to have already started.

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