A legal firm, Alpha-Harris Solicitors has faulted the Economic and Financial Crimes Commission (EFCC) over what it regards as the anti corruption agency’s ‘ignoble role’ in the contract agreement between its client and Alausa Power Limited. The EFCC had recently in some national publications, the social media and its website, declared Mr Owumi Ikomi wanted, citing allegations of ‘crime of internet fraud, impersonation and obtaining money under false pretenses’.The agreement was for the rental and deployment of three units 1MW Power Plant at Ikeja Mall under a Power Purchase Agreement between Alausa Power Limited and Ikeja Mall.
Convinced that both the EFCC personnel and Alausa Power Limited, are deliberately dishing out falsehood calculated to purposely embarrass and destroy the hard earned reputation of its client, Alpha-Harris Solicitors explained: “ In reaction to these to these vexation and scandalous publications by the EFCC, our firm has taken up the challenge by filing relevant court processes to set aside the scandalous and defamatory publications. The processes are currently pending before the Lagos State High Court, Ikeja Division.
“On realizing that the team of the EFCC officials are only concerned with pursuing debt recovery for the personal interest of Alausa Power Limited, we approached the High Court of Lagos State in suit No. ID/15471MFHR/2023 Owumi Ikom & 2Ors Vs. EFCC and Alausa Power Limited & Others seeking declaratory reliefs and injunction restraining EFCC from further harassment arrest and/or detention of our Client regarding the rental Agreement between Alausa Power and us, ”, Alpha-Harris Solicitors said in a statement and full page advert editorials in some national daily newspapers.
The solicitors to Mr. Ikomi added: “To put the records straight, we wish to state unequivocally that there was nothing like internet fraud, neither is there anything like impersonation or obtaining under false pretences that was committed by our client in his transaction with Alausa Power. What we suspect is that, (it does appear) few bad eggs in the employment of the EFCC may be using their position in the Commission to work as debt recovery agents in pursuit of the commercial interest of Alausa Power Limited in abuse of their offices
Stating that the contract agreement between its client and Alausa Power Limited contains Arbitration Clause for resolution of any dispute arising from the contract, “as the issue arose, we served Notice of Arbitration on Alausa Power for referral of the dispute to Arbitration as stipulated by the contract. On January 30, 2023, which is 5 months before the agreed date for completion of the project and while the Notice of Arbitration has been served, our Client was informed that Alausa Power Limited wrote a petition to EFCC; which lead to EFCC freezing our Client’s bank account and sent invitation to his customers, vendors, suppliers purposely harassing them to report to their office for interrogation”.
According to the solicitors, by virtue of the Agreement, the delivery and commission of the Power Plant was to take place five (5) months after payment of Security deposit. Payment of the Security deposit was delayed and later made June 3. 2022, leading to project delivery time of December 2022. In August 2022, Parties had further renegotiation and by agreement further extended the contract delivery period by six (6) months which then extended the delivery period to June 2023. In September 2022, Alausa Power visited our Client facility, inspected the 1.5MW generator and 3 units of 1MW Gas Generators that is being deployed and reaffirmed the June 2023 extended delivery date. “
Strangely, in October 2022 exactly one month after their visit, our Client was contacted by the legal department of Alausa Power Limited and informed that the company is already calculating liquidated damages of N500,000.00 daily against our Client, a claim that was immediately rejected by our Client with a demand that the calculation of the liquidated damage be suspended forthwith as it will frustrate the performance of the contract and the delivery of the project”.
Meanwhile, Alausa Power Limited was already in default of her contract with customer due to the pressure of the failure of delivery of the project by a previous vendor, which put Alausa Power under significant pressure. To rescue the situation, our Client offered to do an early deployment of 1.5MW generator to help reduce the pressure Alausa power was getting from her customer and so that Alausa Power Limited does not lose the contract