A High Court sitting in Port Harcourt has slated April 12, 2022, for a hearing on fundamental human rights filed by the Chairman of Ibeto Cement, Mr Cletus Ibeto, against the Economic and Financial Crimes Commission (EFCC) and Daniel Chukwudozie.
In Suit Number: PHC/268/FHR/2022, the applicant had dragged the EFCC and the second defendant before Justice Boma Diepiri of the High Court for the infringement of his fundamental human rights.
The applicant, in a motion on notice, had prayed the court to declare the harassment on Ibeto unlawful.
He also urged the court to declare that EFCC is not empowered to tackle contract matters and that it lacks the power to handle land transactions.
The applicant had also asked the judge to issue an injunction to restrain EFCC from arresting Ibeto and to pay the sum of N500 million damages for the unconstitutional arrest of the applicant.
However, at the resumed sitting on Tuesday, the applicant’s counsel, Henry Bello, who held brief for the lead counsel for the applicant, Onyechi Ikpeazu (SAN), told the court that he was yet to reply to the preliminary objections by the first respondent (EFCC).
Meanwhile, counsel for the EFCC, Simon Ibekwute, drew the attention of the court to his preliminary objection filed on February 21, 2022, saying that the court lacks jurisdiction to entertain the suit in Rivers State, noting that the alleged infringement of the applicant’s fundamental human rights occurred in Abuja.
Ibekwute, therefore, filed a motion for extension of time because his processes filed were not within the time limit as provided by law.
The second respondent also filed a preliminary objection which is in the same line of argument as the first respondent, that the court lacks territorial jurisdiction to entertain the case.
Following the submissions by the counsels in the matter, the trial Judge, Justice Boma Diepiri, adjourned the matter till April 12, 2022, for a hearing on the motions and counter-motions by the parties.
The judge also directed parties in the matter to file all their proceedings before the adjourned date, to enable the court to hear the matter and possibly fix a date for judgement.
