The Nigerian Navy and Economic and Financial Crimes Commission, EFCC, have been accused of blatant disregard for court judgments/orders, abuse of the rule of law and the use of military force to enforce civil transactions between two private legal entities, which has nothing to do with the security of the country nor any crime within the remit of the EFCC enabling Act.
The accusation came from a firm, Melka West Africa Limited, through its petition addressed to President Bola Tinubu and others, dated August 1, 2023.
The firm is accusing the Navy and EFCC of disregard for the a Federal High Court, Lagos, which had following its suit, declared on June 2, 2020, that the continuous investigation of the applicant’s company, Melka West Africa Limited, the invitation of the Directors of the applicant’s company and a continuous threat to arrest and detain the applicant upon the petition of the 3rd respondent and using the instrumentality of the coercive and penial powers of the 1st and 2nd respondents, was unlawful and a breach of the applicant’s fundamental rights.
The firm also petitioned the Inspector General of Police, the Attorney General of the Federation and the Chief Justice of the Federation.
In the petition, the firm, based in Lagos, and the owner of a tugboat named M.V. Naomi Princess with Official Number SR 2683 and IMO Number 9743112, explained that on December 16, 2023, an old generation bank made a Credit Facility Offer, CFO, to the petitioner (Melka West Africa Limited) and subsequently executed the contractual transaction in question.
The vessel, according to the firm, was made security for the facility under a vessel mortgage, which was strictly between Melka West Africa and the bank wherein late Mike Uwaka executed the contract in his capacity as the Managing Director/Chief Executive Officer and gave a personal guarantee of the facility.
However, the relationship between the parties deteriorated and resulted in a legal action before Justice Chuka Obiozor of a Federal High Court, Lagos.
The court in its judgment, also restrained EFCC and and another, by themselves, their agents and servants from using their coercive and penial powers to harass and intimidate the applicant and her business associates and from acting at the instigation of the 3rd respondent to perpetrate any further violation of the applicant’s fundamental rights whilst the suit between parties is pending at the Court of Appeal.
Melka West Africa in the petition is argued that despite the order of the court, the respondents have continued to invite the applicants and disturb their business in clear violation of the judgment of court.
The firm is, therefore, calling on President Tinubu to call the respondents to order in the face of clear judgment of court.
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