Senator Nwaoboshi Appeals for Ficture Order

For refusing to discharge an ex-parte order allegedly to preserve a contentious property situated at 29 Marine Road, Apapa, Lagos,  Senator Peter Nwaoboshi and two companies have headed for  the Court of Appeal against Justice Abdulazeez Anka’s ruling.

The senator, Golden Touch Construction Project Limited (GTCPL) and Bilderberg Enterprises Limited (BEL) are asking the court to invalidate the ruling on the ex-parte order delivered by Justice Abdulazeez Anka of a Federal High Court, Lagos.

Justice Anka in the ruling had refused to discharge the ex-parte order initiated by the Economic and Financial Crimes Commission (EFCC) which perpetually put the contentious property, Guinea House under investigation.

The judge had ruled that the ex-parte order was necessary to preserve the property until the substantive matter was finally disposed of notwithstanding a pending suit challenging EFCC’s an alleged unconstitutional pasting of the ‘under investigation’ notice on the property.

Besides, Justice Anka on October 4 ruled that there was no basis for an arrest and a search to be conducted on the property before any forfeiture of assets’ application would be considered.

Apparently dissatisfied, Nwaoboshi and the firms headed for the Court of Appeal, where they lodged a complaint of miscarriage of justice.

In their notice of appeal, the trio raised four grounds under which Justice Anka did not only err in law but misdirected himself when he dismissed their application which sought a discharge of the ex-parte order placed in perpetuity on Guinea House located at 29 Marine Road, Apapa despite a subsisting suit challenging the EFCC’s ‘under investigation’ notice on the property.

According to the appellants, even though the EFCC did not place any cogent material before Justice Anka to indicate that any of the appellants would be prosecuted, the order ex parte was not discharged by the judge.

Specifically, the appellants are asking the Court of Appeal to determine among others that Justice Anka did not only err in law but misdirected himself when he ruled that the suppression of the pendency of suit No. FHC/ABS/CS/28/2017 by the respondent was not material to warrant an order granted.