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Globacom Sues EFCC to Stop $6.7m Fraud Investigation

Nigeria’s indegenoues telcoms firm, Globacom Limited has dragged the Economic and Financial Crimes Commission ( EFCC ) before the Lagos State High Court, Igbosere, seeking to stop investigation on a petition written against it by a foreign firm over alleged fraud.

Apart from EFCC, Globacom Limited also joined the foreign firm, Emitac Mobile Solutions, LLNP, based in Dubai and an operative of EFCC, Kadiri Thomas as second and third respondents in the suit respectively.

First applicant in the suit is the Head of the Marketing Department of the telecommunications company Mr. Ashok Israni.

Among the prayers of Globacom Limited before the court is for an order of injunction restraining EFCC and the third respondent whether by themselves, their agents,associates, nominees, servants or any other person whosoever described and called from arresting, harassing detaining inviting for question or any other manner seeking to curtail and interfering with its right to personal liberty, private life and freedom of movement in connection with an unwarranted attempt by the second respondent to criminalize a purely civil contractual transaction.

The firm is also praying for an order of the court directing EFCC and Thomas to pay N50 millions as damages for the unlawful and unwarranted threats of arrest and detention of the applicants on account of a transaction which is purely contractual .

In the 28 paragraphs affidavit in support of the suit, deposed to by Olumide Taye Babafemi , a legal officer in the office of Globacom Limited, averred that the issue between his company and the foreign firm are purely contractual arising out of a framework agreement which clearly provided for modalities for resolving issues therein.

However, the foreign firm in its counter affidavit, averred that failure of Globacom Limited to pay the sum of USD 6, 685, 312. 88 , being the balance of the service rendered to the telecommunications company for the provision of Blackbery Solutions (BIS), a wireless solution that was supposed to allow Glo’s mobile users to access communications and information wirelessly has caused windup of its operations in Nigeria, which resulted to the laying off of 95 percent of its staffs.

The foreign firm averred that Globacom Limited made Emitac Mobile Solutions to render service under false pretence.

EFCC and it’s operative, Thomas in their counter affidavit to the suit, alleged that the commission was only acting on a petition written against the telecommunications company over alleged fraud.

The commission averred that the suit was attempt by the Globacom Limited to forestall further investigation into crminal aspect of the petition,

EFCC further averred that nobody is instigating the commission to performed it statutory obligations.

The suit was slated for hearing on Monday before Justice A O Animahun but could not be heard due to deffect on some of the processes filed by EFCC.
However, the court had fixed August 24 (Today) for hearing and also ordered EFCC’s counsel, George Chia-Yakua to make necessary correction.

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