The Federal High Court sitting in Abuja has dismissed the suit filed by the Managing Director and Chief Executive Officer (CEO) of the Telcom Satellite Television Service (TSTV), Dr Bright Echefu seeking to stop the Inspector General of Police (IGP) from investigating him in an alleged N2 billion fraud.
Echefu’s suit against the Police investigation into the alleged N2 billion fraud was dismissed by Justice Inyang Ekwo on Wednesday for being frivolous and lacking in merit.
Justice Ekwo, in his judgment in the suit marked, FHC/ABJ/CS/234/2024, held that it was wrong of the TSTV CEO to seek court protection to shield himself from being probed over a petition against him on alleged stealing and misappropriation of the sum of N2 billion investment fund into TSTV.
The petition against Echefu was authored by a former Minister of Special Duties, Kabiru Tanimu Turaki, SAN who alleged that his N2 billion investment fund into the TSTV had been fraudulently tampered with.
Upon being summoned by the police to explain the allegations against him, Echefu quickly went to court seeking an order to prevent the Inspector General of Police (IGP) and his agents from investigating the allegations. He also requested an order to stop the Deputy Inspector General of Police (DIG) in charge of the Force Bureau of Criminal Investigation from looking into TSTV’s finances during his tenure.
Echefu’s argument was that Kabiru Turaki’s N2 billion investment fund was a civil transaction and that the police did not have the constitutional power to investigate such transactions. He specifically objected to the police’s invitation to him, stating that the police cannot act as debt recovery agents for the former minister.
However, after examining Echefu’s claims and the police’s counterclaims, Justice Ekwo stated that the allegations against Echefu were related to the misappropriation of the N2 billion investment fund, not to debt recovery efforts as he had wrongly claimed against the police.
The judge emphasized that Section 4 of the Police Act 2020 clearly outlined the statutory powers to investigate such alleged fraud. He added that granting the TSTV CEO’s request to prohibit the police from doing so would be a judicial victory for the undeserving.
Justice Ekwo held that the TSTV CEO failed to establish his claims of civil matter involving N2 billion loan transaction whereas the petition before Police was on alleged stealing and misappropriating the huge sums invested into the Company for its expansion.
The Judge disagreed with Echefu that Police have no power to investigate such petition against him adding that, when a petition has the colour of stealing and misappropriation, Police are empowered under Section 4 of Police Act to inquire into such allegations.
According to the Judge, “The plaintiff (Echefu) has not denied being given the several sums of money by the 4th defendant (Kabiru Turaki) as investment in the companies mentioned in the averments in this case.
“The case made against the plaintiff (Echefu) is that of stealing and misappropriation. For the plaintiff to assert and actually sustain the assertion that this matter is contractual and that Police cannot be involved, the onus is on the plaintiff to demonstrate with concrete evidence that there was no stealing and misappropriation.
“This is so because the mere claim that a relationship between the parties was and is contractual in nature is not a magic wand that will indiscriminately shield a person from being investigated on the allegations of criminal act arising from civil transaction.
“To allow a plaintiff to coast home with the treasures of his loot on the grounds that such was contractual matter, will enhance a judicial victory for the undeserved.
“A citizen who is a victim of any act of crime, has the right to make a report of same to the Police and in the Nigerian system of administration of justice, when a crime is committed, it is the Nigerian Police that moves in to investigate it.
“On the whole, the plaintiff has not given me any cogent ground to interfere in the exercise of the statutory power of the 1st and 2nd defendants (Police) on the petition by the 4th defendant (Turaki) that his investment has been stolen and misappropriated by the plaintiff.
“On this ground, I find that this action lacks merit and ought to be dismissed. I therefore make an order dismissing this case on those grounds”, Justice Ekwo held.
Listed in the suit are, the Nigeria Police Force, IGP, DIG Force Investigation Bureau, Kabiru Tanimu Turaki, SAN and Attorney General of the Federation (AGF) as 1st to 5th defendants respectively.
The Judge had earlier struck out the name of the AGF on the ground that no relief was sought against him by the plaintiff.
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