EFCC seeks court's order to seize all Tompolo's properties until he appears

IN THE FEDERAL HIGH COURT

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

CHARGE NO: FHC/L/553C/2015

BETWEEN:

THE FEDERAL REPUBLIC OF NIGERIA               ……COMPLAINANT/APPLICANT

AND

1.    GOVERNMENT EKPEMUPOLO

(ALIAS TOMPOLO)                                          

2.    PATRICK ZADEKE AKPOBOLOKEMI                 ……DEFENDANTS

3.     GLOBAL WEST VESSEL SPECALIST LTD

4.    ODIMIRI ELECTRICALS LTD

5.    KIME ENGOZU                                                 

6.    BOLOBOERE PROPERTY AND ESTATE LTD     

7.    REX ELEM

8.    DESTRE CONSULT LTD

9.    GREGORY MBONU

10. CAPTAIN WARREDI ENISUOH                                                                

MOTION EXPARTE

BROUGHT UNDER

1.    SECTION 80 AND 81 OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

2.    AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable Court shall be moved on the ………. of …………….. 2016 at 9.0’clock in the forenoon or so soon thereafter as counsel to the Complainant/Applicant will be heard on behalf of the Complainant/Applicant praying the Honourable court for the following:

1.   AN ORDER of this Honourable Court pursuant to Section 80 and 81 of the Administration and Criminal Justice Act, 2015 authorizing the Economic And Financial Crimes Commission to attach the following properties belonging to Government Ekpemupolo (alias Tompolo) named as 1^st Accused herein by seizure pending the arrest and/or appearance before this Honourable Court and arraignment of the 1^stAccused:

(i)           Property at No. 1 Chief Agbamu Close DDPA Extension Warri (Effurun), Delta State.

(ii)          All properties of Mieka Dive Ltd and Mieka Dive Training Institute Ltd situated at No. 77, Lioth Street, ODPA Ugborikoko, Uvwie Local Government Area, Delta State.

(iii)        All properties of Global West Vessel Specialist Ltd.

(iv)        All properties of Muhaabix Global Services Ltd.

(v)         A River Crew Change Boat named MUHA – 15

(vi)        The property known as “Tompolo Dockyard”, by the end of Enerhen Road, Effurun, Warri.

(vii)      The property known as “Tompolo Yard”, at the end of Chevron Clinic Road, next to Next Oil, Edjeba, Warri.

(viii)     The Diving School at Kurutie, at Escravos River.

(ix)        The property known as “Tompolo House” at Oporaza Town, opposite the Palace.

(x)         Any other property discovered by the Economic And Financial Crimes Commission, moveable and immoveable, belonging to the 1^st Accused person.

2.   SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances of this case.

Dated this 18^th day of February, 2016

FESTUS KEYAMO, ESQ.

PROSECUTING COUNSEL FOR THE

ECONOMIC AND FINANCIAL CRIMES COMMISION

C/O FESTUS KEYAMO CHAMBERS

1, FESTUS KEYAMO LANE,

BEHIND HOTEL NEWCASTLE,

OFF ADEBAYO MOKUOLU STREET,

OFF GBAGADA EXPRESSWAY,

ANTHONY VILLAGE,

LAGOS STATE.

08033371229, 08055028515

festuskeyamochamberslag@yahoo.com

IN THE FEDERAL HIGH COURT

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

CHARGE NO: FHC/L/553C/2015

BETWEEN:

THE FEDERAL REPUBLIC OF NIGERIA               ……COMPLAINANT/APPLICANT

AND

1.    GOVERNMENT EKPEMUPOLO

(ALIAS TOMPOLO)                                         

2.    PATRICK ZADEKE AKPOBOLOKEMI                 ……DEFENDANTS

3.     GLOBAL WEST VESSEL SPECALIST LTD

4.    ODIMIRI ELECTRICALS LTD

5.    KIME ENGOZU                                                 

6.    BOLOBOERE PROPERTY AND ESTATE LTD     

7.    REX ELEM

8.    DESTRE CONSULT LTD

9.    GREGORY MBONU

10. CAPTAIN WARREDI ENISUOH                                                       

AFFIDAVIT IN SUPPORT OF MOTION EXPARTE

I, Adah John Adah, Male, Christian, Nigeria citizen, litigation officer of Festus Keyamo Chambers, 1, Festus Keyamo Lane, off Adebayo Mokuolu Street, off Gbagada Expressway behind Newcastle Hotel Anthony, Village do hereby make oath and state as follows:

1.   That I am a litigation officer in Festus Keyamo Chambers, whose principal is Festus Keyamo, Prosecuting Counsel to the Complainant/Applicant in this suit, by virtue of which I am conversant with the facts of this case.

2.   That I have the consent and authority of the Complainant/Applicant to depose to this affidavit.

3.       That I was informed by Festus Keyamo, Esq. and Idris Adamu,Investigating Officer attached to Economic and Financial Crimes Commission, in our office on 17^th of February 2016 at about 2.00pm and I verily believe him as follows:

             i.        That the 1^st Accused person was invited by the complainant on several occasions to come and answer to the allegation of fraudulent activities leveled against him which was uncovered during investigation.

            ii.        That the 1^st Accused person was charged before this Honourable court to answer to charges leveled against him when he persistently refused and failed to honour the several invitations extended to him.

           iii.        That this honourable court also made an order dated the 12^th day of January, 2016 for the service of the said Charge and Summons to compel the attendance of the 1^st Accused  person on the 14^th day of January, 2016.

          iv.        That upon becoming aware of the pendency of this proceeding, the 1^st Accused person instructed the law Firms of Messrs. Tayo Oyetibo & Co. and Messrs. Ebun-Olu Adegboruwa & Co. to represent him.

           v.        That as a result of paragraph iv above, Messrs. Ebun-Olu Adegboruwa & Co. applied for and obtained copies of the processes filed by the Complainant/Applicant which led to the issuance of a Warrant of Arrest.

          vi.        That on the 14^th day of January, 2016 this Honourable Court issued a Warrant of Arrest for the 1^st Accused person.

         vii.        That since the issuance of the warrant of arrest, the 1^st Accused person has absconded and concealed himself from all security forces in the country to frustrate the execution of the Warrant of Arrest.

       viii.        That rather than present himself to the court, the 1^st Accused person engaged the services of Tayo Oyetibo, SAN who filed a Motion dated 27^th day of January, 2016 to set aside the Warrant of Arrest. The said motion was dismissed on the 8^th day of February, 2016.

          ix.        That since the Order for the arrest of the 1^st Accused person, the combined team of the Nigerian police and the military have been combing the creeks and the entire nation for the arrest of the 1^stAccused person, but he continues to abscond and conceal himself.

           x.        That operatives of the Complainant have carried out investigation and received intelligence report to the effect that the following properties belong to the 1^st Accused person:

a.       Property at No. 1 Chief Agbamu Close DDPA Extension Warri (Effurun), Delta State.

b.       All properties of Mieka Dive Ltd and Mieka Dive Training Institute Ltd situated at No. 77, Lioth Street, ODPA Ugborikoko, Uvwie Local Government Area, Delta State.

c.       All properties of Global West Vessel Specialist Ltd.

d.       All properties of Muhaabix Global Services Ltd

e.       A River Crew Change Boat named MUHA – 15

f.         The property known as “Tompolo Dockyard”, by the end of Enerhen Road, Effurun, Warri.

g.       The property known as “Tompolo Yard”, at the end of Chevron Clinic Road, next to Next Oil, Edjeba, Warri.

h.       The Diving School at Kurutie, at Escravos River.

i.         The property known as “Tompolo House” at Oporaza Town opposite the Palace.

j.         Any other property discovered by the Economic And Financial Crime Commission, moveable and immoveable, belonging to the 1^st Accused person.

4.   That it is in the interest of justice to grant this application.

5.   That I make this affidavit in good faith knowing and believing the facts deposed herein to be true and in accordance with the oath Act of Nigeria.

………………………………

DEPONENT

Sworn to at the Federal High Court Registry, Lagos

This 18^th day of February, 2016

BEFORE ME

COMMISSIONER FOR OATHS