The Federal High Court in Abuja has dismissed a suit filed by Bright Echefu, Managing Director and Chief Executive Officer (MD/CEO) of Telecom Satellites Limited (TStv), which sought to restrain a police investigation into the alleged theft and misappropriation of investors’ funds.
The allegation of misappropriation was leveled against him by Mr. Kabiru Tanimu Turaki, SAN, former Minister of Special Duties and Inter-Governmental Affairs.
On Thursday, Justice Inyang Ekwo dismissed Echefu’s legal team’s case, which was instituted against the Nigeria Police Force, the Inspector General of Police (IGP), the Deputy Inspector General of Police, the Force Investigation Bureau (FID), Turaki, and the Attorney General of the Federation, in Suit No: FHC/ABJ/CS/233/2024.
Echefu’s lawyer, Olajide Olaleye-Kumuyi, approached the court seeking restraining and declaratory reliefs, including a declaration that the police lack the constitutional and statutory powers and authority under the 1999 Constitution (as amended) and the Police Act, 2020, to investigate and adjudicate his client over loan disputes arising from civil payments between the Plaintiff and Tanimu.
Facts of the Case
The applicant accused the police of attempting to constitute itself as a debt recovery agent on behalf of the ex-Minister, which he believes, contravenes relevant laws considering that it is a civil transaction.
The Plaintiff claimed to have agreed to amicably resolve the issue with the ex-Minister, who is the Chairman of TStv, alleging that Turaki continued to use security agents, including the Economic and Financial Crimes Commission (EFCC), to harass him and seal off the TStv office facility in 2022 “for no justifiable reason.”
The Plaintiff also drew the court’s attention to the fact that his company filed an action against the EFCC in Suit No: FHC/ABJ/CS/665/2022 for detaining, harassing, and sealing off his business over a civil transaction, which is still pending before the court.
In a counter affidavit dated February 23, 2024, Benjamin Silas, on behalf of Turaki, stated that contrary to the Plaintiff’s claims, the police, in the exercise of their constitutional powers, invited Echefu during the investigation of the criminal allegations against him.
Silas noted that in the ex-Minister’s petition to the police dated January 30, 2024, regarding the investigation that the Plaintiff seeks to restrain, the complaint stated that all assets and properties of TStv had been stolen by the applicant and either sold or taken to unknown locations where they were being used and converted for other benefits than those of the company.
“The loans of N1,200,000,000 and $2,100,000 collected from Tudu Ventures Nigeria Limited were stolen and misappropriated by the Plaintiff/Applicant.
“The loans of $1,350,000 and N138,000,000 collected for the upgrade of the company’s facilities have also been stolen and diverted by the Plaintiff/Applicant.
“All company vehicles, plants, generators, furniture, and other movable properties have also been stolen and taken away by the Plaintiff/Applicant,” he stated and urged the court to allow the police to conclude its investigation and prosecute accordingly.
What the Judge Said
Delivering the judgment on September 26, 2024, Justice Ekwo held that where an act is asserted to be a civil transaction between the contending parties, the evidence for enforcement of fundamental rights must be such that it leaves the court in no doubt that the said transaction, from start to finish, was without any element of criminality.
He stated that the mere claim that a relationship between the parties was contractual in nature is not a magic wand that will indiscriminately shield a person from being investigated for allegations of criminal acts arising from a civil transaction.
The judge observed that the Plaintiff did not deny receiving several sums of money from the ex-Minister as investments in his company, adding that the case made against him “is that of theft and misappropriation.”
He noted that a citizen who is a victim of any criminal act has the right to report it to the police, and in the Nigerian system of justice, when a crime is committed, it is the duty of the Nigerian Police to investigate.
“To allow a Plaintiff to walk away with the treasures of his loot on the grounds that it was a contractual matter would enhance a judicial victory for the undeserving.
“Based on the Police Act 2020, it is the duty of the Police to prevent and detect crimes,” Ekwo said.
Overall, the judge stated that the Plaintiff did not provide any compelling grounds for the court to interfere with the statutory powers of the police regarding a petition alleging that investments have been stolen and misappropriated.
“I therefore make an order dismissing this case on those grounds,” Ekwo concluded.
What You Should Know
Nairametrics previously reported that Telecom Satellites Limited (TStv) had requested the Federal High Court in Abuja to restrain the Economic and Financial Crimes Commission (EFCC) from further harassment, claiming it threatens their business operations.
The motion involves a dispute over an investment agreement with former Minister Kabiru Tanimu, which TStv asserts has led to EFCC harassment and legal actions from Tudu Ventures seeking recovery of the investment.
TStv and its Managing Director, Bright Echefu, face fraud-related charges from the EFCC, including allegations of defrauding Tanimu and money laundering offenses.
TStv, a satellite TV company launched by Echefu, was expected to challenge the monopolistic tendencies of MultiChoice, owners of DStv and GOtv in Nigeria.
Touted as the first and only fully indigenous Pay-TV operator in the country, TStv entered the industry on October 1, 2017, with offerings that raised the hopes of many Nigerians.
Indeed, its decision to launch on the country’s Independence Day was seen as a symbolic declaration of ‘freedom’ in the Pay-TV industry. However, the company disappeared after the launch.
It made a comeback on October 1, 2020, promising to offer Nigerians the best Pay-TV experience. However, its service remained intermittent, leaving subscribers who had invested in the company’s decoders with constant complaints.
TStv completely went off the radar again in March last year and has remained so to date without any explanation to subscribers, aside from intermittent apologies for ‘technical glitches’ during its active days.
The cases before both courts are now within their purview to determine one way or another.
