Honuorable Justice Mohammed Yunusa of the Federal High Court in Ikoyi, Lagos has set January 27, 2014 as the date for the hearing of arguments in respect of a motion ex-parte granted one Jim Daniels-Nnah, an American citizen, of Biowish Africa Limited to prevent the police from commencing investigation of an allegation of fraud to the tune of $350,000 levelled against him.
After listening to submissions from counsels representing all the parties in the matter, Justice Yunusa, who sat in court room eight at the Federal High Court in Ikoyi, Lagos, ordered that the applicants and respondents should return to court on the set date to give their sides of the story.
While addressing the court, Frank Emerho, counsel representing the Inspector General of Police, Mohammed Abubakar; the Commissioner of Police (Special Fraud Unit), Tunde Fashakin; an Assistant Commissioner of Police, Lawrence Onwuka; and Deputy Superintendent of Police, Uwa Eguaken, said he had filed a motion for the extension of time, which had been served to the applicants and noted that he was ready to return to court on the January 27 to tell his side of the story.
During the hearing, Justce Yunusa asked if there was no longer the possibility of the settlement of the issue and C.U. Nkwocha, counsel representing the applicant, Jim Daniels-Nnah, told the Judge that all parties had been served the motion ex-parte, which was obtained on December 24, 2013 and that Friday was the return date for report of service.
Nkwocha added that he and his client had not been able to meet with the respondents to discuss and settle the outstanding issue.
The Police counsel, Emerhor, however vehemently distanced himself from the statements of Nkwocha to the effect that steps were being taken to dialogue and settle the matter.
He said that it was Daniel-Nnah and Nkwocha that took the police to court while they were trying to carry out their constitutional responsibility of investigating allegation of fraud levelled against the applicants.
Corroborating the position of the Police counsel, counsel of the other respondents, Environ-Aid Technologies Limited and Enercon Nigeria Limited, C.E. Ikebuasi, said her clients had petitioned the police over an alleged fraud to the tune of $350,000 allegedly perpetuated by Daniels-Nnah and instead of allowing the police carry out their investigation to ascertain the veracity of the petition or otherwise, he dragged the respondents to court.
Ikebuasi said: “My lord, what the counsel for the applicants said is not the true state of things.
“He served us and we intend to react to the application.”
Environ Aid Technologies and Enercon had petitioned Abubakar and Fashakin on October 11, 2013 and December 29, 2013, stating that Daniels-Nnah had allegedly fraudulently obtained the sum of $350,000 from the company under the guise of supplying the respondents various chemicals for Environmental Remediation from Biowish Inc USA.
The petitions, which were obtained by our correspondent, explained that between September 2012 and December 2013, the Environ-Aid Technologies Limited transferred $350,000 in two tranches of $150,000 and a last tranche of $50,000 on October 16, 2012, November 6, 2012 and December 14, 2012 respectively to Biowish Africa, represented by Daniels-Nnah to account number 2531597594 of BBVA Compass Bank, Houston, Texas, United States of America as payment for the supply of chemicals for environmental remediation, which have not been supplied till date.
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