A Federal High Court, in Lagos has fixed October 11, for hearing of all pending applications in a fundamental rights enforcement suit filed by a company, Ronchess Global Resources Plc against the Economic and Financial Crimes Commission (EFCC), the Kaduna State Government (KADSG) and five others, over dispute involving N8.7 billion contract.
Other listed as respondents in the suit are: the Inspector-General Of Police (IGP); the Assistant Inspector-General of Police (AIG); the Commissioner of Police, Lagos State Command and Kaduna State House of Assembly.
Justice A.O. Owoeye adjourned the matter to enable parties reflect the names of the Independent Corrupt Practices and Other Offences Commission (ICPC) and the State Security Service (SSS), that were previous joined by the order of the court as seventh and eighth respondents in their processes.
The court had on July 12, 2024, granted Ronchess Global Resources’ Exparte application restrain the EFCC, IGP and the Kaduna State House of Assembly from taking steps that may jeopardize the fundamental rights of the company’s directors or in any other way overreach the subject matter of the case pending before the Court.
It is the case of the Applicants before the court that at all material times, Ronchess Global Resources was a contractor to the Kaduna State Government having executed a contract for the construction of several roads in the State.
This followed the successful completion of previous road projects in the State by the same company.
Following reliable information that the Kaduna State Government was planning to terminate the contract, Ronchess Global filed a suit at the Kaduna State High Court to stop the said unilateral termination and to claim all its outstanding fees.
While the case was pending in court, the Kaduna State Government through its House of Assembly purported to conduct a probe on the same subject matter, even while the case pending in court was yet to be determined one way or the other.
However, while awaiting the defence of the Kaduna State Government to the suit pending in court, the Applicants received an invitation from the EFCC in respect of the same subject matter of the suit pending in court, whereupon they filed the present suit.
At today’s proceedings, the Applicants were represented by Ebun-Olu Adegboruwa (SAN); Mr. C. H. Onwuewuno represented the EFCC, while Sule Shuaibu (SAN) who is the Kaduna State’s Attorney-General and Mr. Solomon Utugha represented the Kaduna State Government and State House of Assembly respectively.
Adegboruwa (SAN) informed the court of the joinder of the ICPC and SSS as respondents in the suit through the order of the Court granted on August 29, 2024.
He also told the court that the applicants received another invitation from ICPC notwithstanding the subsisting court order, which necessitated the need to join ICPC and SSS in the suit since it was on the same subject matter.
Consequent upon which the applicants filed their Amended Originating Motion to reflect the joinder of the new parties.
Mr Onwuewuno, who represented EFCC informed the court that although they have received the amended Originating Motion, he did not know that the order to join ICPC and SSS had already been made.
He then promised to file his amended processes to reflect the parties that have been joined. Mr. Shuaibu (SAN) informed the court that they were not well seized of the joinder, hence they proceeded to file their defence, but they will need to file fresh processes to reflect the parties that have been joined.
Adegbourwa, SAN thereafter told the court that he had filed a notice of discontinuance in respect of the case described as Oriete Chris and urged the court to strike it out.
Upon verifying the said Notice of discontinuance in the court file, Justice A.O. Owoeye struck out the case, thus putting paid to the attempt to intimidate the human rights activist.
This was the case erroneously filed against a non-existent entity in which Mr. Adegboruwa was falsely accused of filing the case whereas he insisted that his office received proper instructions from Ronchess Global to file the suit on behalf of all its directors and officers.
However, by the consent of counsel, the matter was adjourned to October 11, 2024 for hearing of all pending applications.
The court also adjourned hearing of other applications filed by the directors of Ronchess Global Resources Plc, to October 11.
Ronchess Global Resources Plc in it’s application prayed for “a declaration that the invitation of the Applicant by the 1st Respondent vide the letter dated 27th day of June, 2024, with Ref No: CR:3000/EFCC/HQ/SDC3/DAK/VOL.4/123 at the instance, or instigation of the 5th and 6th Respondents, in respect of the contracts awarded to Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court constituted as Suit No; KDH/KAD/594/2024: Ronchess Global Resources Plc y, Kaduna State Government, Kaduna State House of Assembly & 2 ors, amounts to a flagrant violation of the Applicant’s fundamental rights guaranteed under sections 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP 10, Laws of the Federation of Nigeria, 1990 and is therefore illegal, unconstitutional, null and void.
“A declaration that the oral invitation of the Applicant by the 2nd – 4th Respondent, and 8th Respondent at the instance, behest and/or instigation of the 5th and 6th Respondents, in respect of the civil contracts awarded to Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court constituted as Suit No: KDH/KAD/594/2024: Ronchess Global Resources Pic vy. Kaduna State Government, Kaduna State House of Assembly & 2 ors, amounts to a flagrant violation of the Applicant’s fundamental rights guaranteed under sections 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP 10, Laws of the Federation of the 1990 and is therefore illegal, unconstitutional, null and void.
