In or around May 2013, our law firm
was approached by one Mrs. Sylvia Udeagbala, to represent her husband in a
criminal case. In our first appearance in court, it transpired that the
complainant in the case, Chief Leonard Okafor and the Defendant, Mr. Jonathan
Udeagbala, were from the same town. It was thus decided to settle the case
amicably out of court, and the court and the prosecutor were so informed.
THE TRUE FACTS
Mr. Jonathan Udeagbala owns a 5
bedroom duplex in Nicon Town Estate in the Lekki area of Lagos. He had a
business agreement with Chief Leonard Okafor, for telecommunications. The
business didn’t go as planned, so Chief Okafor demanded a refund of his
investments, which caused Mr. Udeagbala to issue several cheques, which were
alleged to have bounced, hence a criminal charge was filed against him in
court, in Charge No. LCD/129/2012.
Upon the intervention of our law
firm, several peace meetings were held with the complainant in the case, Chief
Okafor, and it was agreed that Mr. Udeagbala’s house in Nicon Town should be
sold or leased to offset the money outstanding in favour of Chief Okafor. Mrs.
Udeagbala then secured a tenant, Shelf Drilling Co Ltd, for a five year long
lease of about Eleven Million Naira per annum. This was disclosed to Chief
Okafor and it was agreed by the parties that the proceed of the lease be used
to offset part of the money being claimed by Chief Okafor, as follows:
1. Chief Okafor
– N35million
2. Mr.
Udeagbala – N12million
3. Renovation
of the house by the contractor chosen by the tenant – N8million
4. Fee paid to
the agent – N2.5million
5. Legal fee
paid to our office – N2.5million
The above sums were by agreement of
all the parties duly disbursed, with documentary evidence of collection. When
EFCC got to know that the said property had been let out to Shelf Drilling for
five years at the rate of N10million per annum, they told Shelf Drilling that
the earlier money paid had been forfeited. EFCC then asked Shelf Drilling to
pay N12million per annum. A sum of N24million has so far been collected by
EFCC. In fact, we are informed that as at yesterday, 10th May, 2016, EFCC
served the tenant another invoice for rent for 2016.
Part of the terms of settlement was
that Chief Okafor will withdraw his petition and criminal complaint to the EFCC
which he did through a letter of withdrawal written by his lawyers Atuegwu
Egwuatu & Associates dated 19th August, 2013, and which was received by the
EFCC on 17th September, 2013.
Consequent upon the withdrawal, the
criminal charge was dismissed by the High Court on 17th December, 2015, in a
well considered ruling delivered by Hon. Justice D.O. Oluwayemi and the EFCC is
aware of this.
At all material times, our law firm
was not aware of any interim order of attachment obtained by the EFCC on the
property. With the ruling of Hon. Justice D.O. Oluwayemi which has dismissed
the main criminal charge, there can be no subsisting order of attachment as
something cannot be placed on nothing and be expected to stand.
HIS PERSECUTION
The above transaction took place
ever before the Gen. Buhari administration. Ebun-Olu Adegboruwa Esq., has been
receiving unofficial complaints from the EFCC, about his opposition to the
Buhari administration and has ever been threatened with the above dead case.
But the threats became more rampant upon his brief in the case of Chief
Government Ekpemupolo (Tompolo) and especially Mr. Azibaola Robert, cousin of
former President Goodluck Jonathan. On May 4, 2016, our firm appeared in
Tompolo’s case at the Federal High Court, Lagos and May 4, 2016, our firm filed
a suit in court, for the release of Jonathan’s cousin. On May 5, 2016, EFCC
filed a case against Mr. Adegboruwa. So, there is no fraud case against Mr.
Adegboruwa. He is being persecuted for speaking against the Buhari regime.
There is no way a criminal case can be maintained against Mr. Adegboruwa as the
criminal case upon which the case is based has been dismissed. Mr. Adegboruwa
did not collect money for any property but acted as a mediator for settlement
and he acted upon the lawful instructions of his client.
SIGNED
ADEGBORUWA & COMPANY
‘KOGUN CHAMBERS, JESUS ARENA,
ITEDO ROAD, OFF ADMIRALTY WAY,
LEKKI PENINSULA SCHMEME 1,
LEKKI, LAGOS, NIGERIA.
08100000758, 08100000759
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Society
We are in serious problem in this country, so any body that oppose Buhari fantastically lawlessness adminstration will be subjected to witch-hunting,threat, persecution, but humm those that engage in this kind of actions in the past were not end well
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