Bishop (Dr) Osadolor Ochei JP, a Benin city based human rights and anti-corruption activist has instituted a legal action at the Federal High Court sitting in Abuja, wherein he is seeking an order compelling the Economic and Financial Crimes Commission (EFCC) to prosecute former Edo state Governor, Adams Oshiomole.
Respondents in the suit are the EFCC and Adams Oshiomhole, 1st and 2nd respondents respectively.
The motion exparte was filed by the applicant’s counsel, West Idahosa & Co, and brought pursuant to Order 34 Rules 1 and 3 of Federal High Court Rules 2009.
Specifically, the suit was filed due to the refusal of the EFCC to act on a petition written to the agency by Bishop Osadolor against Oshiomole.
The petition bothered on alleged economic and financial crime levelled against Oshiomhole, who is a leading contender to the National Chairmanship position of the All Progressives Congress.
The petition dated 28th October, 2016 was published in the Daily Sun Newspaper of 7th November, 2016, together with other national newspapers.
However, by the motion, the applicant wants “a declaration that the 1st respondent (EFCC) has the statutory duty to investigate and commence criminal prosecution of 2nd respondent (Oshiomole) upon the allegations made by the applicant and establishment of such allegations against the 2nd respondent by the 1st respondent pursuant to Sections 6(b) & (h) and 13(2) of the EFCC Act, 2004.
The applicant also prayed for an order granting leave to him to apply for the issuance of an order of mandamus compelling the Economic and Financial Crimes Commission to investigate and commence criminal proceedings against Oshiomhole, upon the allegations made by the applicant against the 2nd respondent, contained in the grounds in support of this application and detailed in the petitions of the applicant to the 1st respondent dated 28th October, 2016 and published in the Daily Sun Newspaper of 7th November, 2016, together with other national newspapers, bothering on economic and financial crimes.
The applicant said he had complained to the EFCC about allegations of corrupt practices as well as economic and financial crimes against Oshiomhole, on several occasions, without eliciting any response or interest from the EFCC in this regard.
It was Bishop Ochei’s argument that EFCC owes Nigeria and Edo state a duty to unravel the truth by investigating these allegations to ascertain the extent of complicity and culpability of Oshiomole in respect of these allegations levelled against him.
Among other depositions in an affidavit deposed to by the applicant, it was averred, “That on 4th November, 2016, the applicant sent a petition to the 1st respondent against the 2nd 2espondent’s corrupt practices while he served as Governor of Edo State.
Amongst the allegations made against the 2nd respondent by the applicant are the following: “That the Applicant repeated the allegation that the 2nd Respondent built a sprawling mansion worth more than N10 billion naira in his home town known as Iyanho, Edo State. The said building was constructed by Verissimo, a South African Architectural outfit. The said house of the 2nd Respondent has swimming pools, water fountains, multiple theatres for cinema and live performances, huge event halls, bridges, manmade lake, lodges of different sizes amongst others. The said cost of building the mansion is well outside the 2nd Respondent’s legitimate income. The 2nd Respondent’s lifestyle and extent of the said property were not justified by his sources of income. The Applicant’s Petition is attached as Exhibit “B”, while the reminder from the Applicant is attached as Exhibit “B1”.
“That the 2nd Respondent bought a property along Okoro-Otun Avenue, G.R.A., Benin City owned by Edo State Government while serving as Governor of Edo State in an insider deal without due process and in abuse of his oath of office. The Okoro-otun property acquired by the 2nd Respondent was originally given to University of Benin as a gift by Edo State Government. The 2nd Respondent, while a dispute was pending in Court between University of Benin and Edo State Government, forcibly acquired the property for his personal use. The 2nd Respondent has since erected a structure with an underground apartment, roof-top swimming pool, another giant structure worth more than N500,000,000 (five hundred million naira) which is far beyond his legitimate income. At the time of the sale, the open market price of that magnitude of property and in that such high-brow location was about N100 million naira. This transaction took place while the 2nd Respondent was Governor of Edo State and he bought the said property for just N23 million naira vide an Access Bank cheque.
“That the 2nd respondent authorized and awarded the highly inflated contract and payment within a relatively short time for the construction of 168 hostels rooms in Edo State University, Iyamho for the sum of N1.88 billion naira. The average cost per room translates to N10 million naira for each hostel room. This contract was awarded to the firm of A & K Construction Limited without compliance to due process. Similarly, the 2nd Respondent authorized and awarded the highly inflated contract of building the Teaching Hospital of the said University for the sum of N12.2 billion naira without compliance to due process. The Memorandum of Approval by the 2nd Respondent is attached as Exhibit “C”.
“That the 2nd respondent authorized and approved the diversion of N1.2 billion naira approved for the construction of a new accident and emergency ward complex and renovation of existing structures in the Central Hospital, Benin City for the payment of additional 10% advance payment to A & K Construction Limited for the construction of the Teaching Hospital of the University of Science and Technology, Uzairue (also known as Edo State University, Iyamho, without compliance with due process and against public interest. The Memorandum of Approval of the said diversion is attached as Exhibit “D”.
“That the 2nd respondent borrowed N25 billion naira from the Capital Market through the issuance of bonds. He purportedly paid the first N6 billion naira to Hitech Construction on March 2, 2011 and listed several roads as part of Phase One of the Storm Water Project to include Adolor College road, Textile Mill road, and a host of others. These roads are largely abandoned with little or no work done by Hitech Construction Company. The gullies created as a result of initial work have become major sources of flooding in Benin – City. More than six persons have been killed by this artificial flood.
“That the 2nd respondent authorized and awarded the construction of the 7.2 kilometer Ogba/Airport Road, Benin – City to Servetek Construction Company Limited for construction of drainage structures and dualization from Ring Road to Ogba River Bridge for industry record setting sum of N4.4 billion which translate to N611 million naira per kilometer without compliance with due process.
