LAW MEFOR FROM THISDAY
Finally, the trial of the former Deputy President of the Senate, Ike Ekweremadu, and his wife, Beatrice, and others over the alleged conspiracy to traffic an initially ‘15-year-old’ in London is underway. But while the trial goes on, the curious role played by Nigeria in the Senator’s matter should be a lesson that citizens must ponder. The tales of woe by Nigerians abroad are commonplace. But citizen abandonment is not even the case in Ekweremadu’s ordeal. His case is worse.The emerging details of the key role of the Economic and Financial Crimes Commission, EFCC, in Ekweremadu’s failed bail applications, as contained in the recent ruling by Justice Inyang Ekwo of the Federal High Court, is a typical case of a nation throwing its citizen under the bus, which lessons should not be lost in the heat of the 2023 electioneering.
Ruling in the application brought by Lloyd Ekweremadu against the interim forfeiture order on 40 properties allegedly linked to his father, Justice Ekwo agreed that the UK authorities relied on an 18th July 2023 letter by the EFCC to convince the court that Ekweremadu was a flight risk and thereby deny him bail. He also affirmed that the ex-parte assets forfeiture application by the agency was brought in bad faith to help the UK authorities secure a continued detention of a Nigerian citizen. According to Ekwo, “The facts of this case present a heart-rending scenario and prompt me to say this- no Nigerian should be made to go through this kind of travail whether at home or abroad”.
But excerpts of the ruling will help the reader to appreciate his points better. Ekwo ruled: “It is not hard to reason that the essence of the application for interim forfeiture by the Respondent (EFCC) is to give credence to the letter of 18th July 2022 (Exh. SIE 2) to the Crown Prosecution Service and to give them the further reason for continued custody of Senator Ike Ekweremadu in the United Kingdom.“In this case, the respondent (EFCC) wrote Exhibit SIE 2 (a letter) to the Crown Prosecution Service in the United Kingdom which letter was used as evidence to deny Senator Ike Ekweremadu bail in the criminal proceedings. At the same time, the respondent filed an ex-parte application for interim forfeiture, which upon the order being made thereon required Senator Ike Ekweremadu and his wife to show cause in Nigeria why an order for final forfeiture ought not to be made.“I have been asking myself the question repeatedly: How can a citizen of Nigeria who is incarcerated outside the country to the knowledge of the respondent, be expected to show cause in an action in Nigeria brought by the respondent? In other words, how do you help tie down a man and initiate a fight and demand that the same man you helped tie down must defend himself? “This, in my opinion, is an unconscionable act. The act of the respondent clearly shows that this action was brought in bad faith. In law, bad faith entails dishonesty of belief or purpose. I find that the application for forfeiture, going by the facts of this case has not been brought in good faith and ought to be struck out.”
He went on to say: “Another evidence of bad faith is that the Respondent (EFCC) represented in this case that it’s a matter of interim forfeiture order against the assets in various locations belonging to Senator Ike Ekweremadu, Power Properties Limited, Ikeoha Foundation, and Beatrice N. Ekweremadu.“However, developments after the court have given a different picture. I have noted that there are affidavits to show cause respectively from one Uni-Medical Health Care Limited and Anambra State Government claiming to be owners of some of the properties, which ownership has been attributed to Senator Ike Ekweremadu, Power Properties Limited, Ikeoha Foundation, and his wife, Beatrice Ekweremadu. These respective Affidavits to show cause are indicative of bad faith on the part of the Respondent (EFCC)”.
