Rights activist and Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, has denied the allegations contained in a publication by Sahara Reporters that he forged the signature of one Christopher Oruete.
In a letter written to the Chairman of the Economic and Financial Crimes Commission, EFCC, through its Lagos Zonal office by the law firm of Ebun-Olu Adegboruwa SAN dated September 10, 2024, it was stated that no single document was forged and no signature was presented in any court process filed by the law firm.
It stated that the contents of the said publication were not true and correct and it was imperative to put the facts straight and at the same time, rebutting the criminal allegations and imputations levelled against the Principal Partner of the firm, Mr. Ebun-Olu Adegboruwa, SAN.
Recalling the true facts of the case, the letter stated that the Management of Ronchess Global Resources briefed the law firm to commence an action against the Kaduna State Government, Kaduna State House of Assembly and two others with the aim of recovering the sum of N1,391, 782, 486.45 owe Ronchess as a result of failure on the part of the Kaduna State Government to pay for the road construction works already carried out in Kaduna State.
Based on Ronchess’ instruction, suit No.: KDH/KAD/594/2024 was filed at the High Court of Kaduna State claiming several reliefs. Upon the service of the processes filed in the said Suit No.: KDH/KAD/594/2024 on the Kaduna State Government, the KADSG, instead of filing a defence in court, decided to approach the EFCC and other law enforcement agencies on the same subject matter of the pending suit.
“The above approach led to the invitation of all the Management Staff of Ronchess by the EFCC, even when it was manifestly clear that the entire facts culminating into the EFCC’s invitation arose from a purely civil transaction between Ronchess and Kaduna State Government.
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“Consequent on the invitation of the Management of Ronchess by the EFCC and perceiving that the invitation by EFCC may overreach the suit pending in court and lead to the infringement of the fundamental rights of the Management Staff of Ronchess, our Law Firm was formally briefed by Ronchess to take legal steps to protect and defend its interests and that of Management Staff.
“Based on the above facts and being a case bordering on likely breach of fundamental rights, separate and distinct actions were filed on behalf of each Management Staff of Ronchess based on the list of names available at our disposal, which includes one “Chris Oriete” and not “Christopher Egba Oruete.’
“An ex-parte application for interim orders meant to preserve the rule of law and protect the fundamental rights of Ronchess Management was filed contemporaneously alongside the fundamental rights action.
“As permitted under the Fundamental Rights (Enforcement Procedure) Rules, a member of the Management Staff of Ronchess deposed to the various affidavits in support of the cases that were filed.
“Thus, there was no forgery of any signature and no signature of any other member of Management Staff was required for the filing of the suit. No single document was signed in court on behalf of Christopher Egba Oruete in any manner whatsoever.
“We are thus at a loss on the fabricated issue of forgery of his signature by Mr Christopher Egba Oruete, either as alleged or at all.”
The letter stated further that Mr. Adegboruwa SAN acted for Ronchess on the basis of section 8 (2) of the Administration of Criminal Justice Act, 2015 which provides that: “A suspect shall not be arrested merely on a civil wrong or breach of contract.’
“The case between Ronchess and the Kaduna State Government is based on a contract duly executed, it went through tenders and it was awarded following due process of law, and certificates of completion of projects were duly signed and delivered to the company.
“Above all, the matter was already pending before the Kaduna State High Court prior to the invitation by the EFCC. On July 12, 2024, the ex parte applications filed on behalf of the Ronchess’ Management Staff were heard and granted in the interim.
“This led to unabated bitterness and unrelenting media persecution of Ronchess Staff and anyone connected to them. The order was aimed at ensuring that the existing suit between Ronchess and KADSG was not prejudiced or compromised.
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“It stated that the Petition authored by Mr. Oruete was written primarily to malign the name of Mr. Adegboruwa, SAN and anyone associated with Ronchess because Mr. Oruete is still aggrieved that he was removed as Secretary of Ronchess by the Management of Ronchess.
“His petition to the EFCC is no doubt malicious, libelous and disparaging. One wonders why he (Mr. Oruete) chose to report a case of alleged forgery and impersonation to EFCC not being matters bordering on economic and financial crimes.
“In fact, it would have been a different scenario if the allegation was forgery of signature in a bid to fraudulently obtain money.”
The letter urged EFCC to be circumspect with how it acts on frivolous petitions.
“In the recent Supreme Court’s case of Dr Joseph Nwobike SAN v. Federal Republic of Nigeria, the jurisdiction of the EFCC has been properly outlined and defined to be limited strictly to financial crimes.
“We, therefore, humbly urge the EFCC to ignore this frivolous petition or to direct Mr. Oruete to the appropriate law enforcement agency with jurisdiction over it.
“The EFCC should not allow itself to be dragged into the trap of Mr Oruete in the style of targeting lawyers representing opposing clients in cases involving the EFCC in court.
“Lawyers who represent opposing parties in court against the EFCC do so in the discharge of their professional responsibilities and not necessarily because they oppose the principled fight against corruption,” the letter added.