The Federal High Court in Ikoyi, Lagos has set January 27, 2014 as the date for the hearing of arguments in respect of a motion ex-parte granted one Mr. Jim Daniels-Nnah, an American citizen, of Biowish Africa Limited to prevent the police from commencing investigation of an allegation of $350,000 fraud levelled against him.
After listening to submissions from counsel representing all the parties in the matter, Justice Mohammed Yunusa, (Court room 8) ordered that the applicants and respondents should return to court on the set date to give their sides of the story.
While addressing the court, Mr Frank Emerho, counsel representing the Inspector General of Police, Commissioner of Police (Special Fraud Unit), Assistant Commissioner of Police, Lawrence Onwuka and Deputy Superintendent of Police, Uwa Eguaken, said he had filed a motion for the extension of time, which had been served to the applicants and noted that he was ready to return to court on January 27 to tell his side of the story.
During the hearing, Justice Yunusa asked if there was no longer the possibility of settlement of the issue and Nkwocha C.U, counsel representing the applicant, Jim Daniels-Nnah, told the Judge that all parties had been served the motion ex-parte, which was obtained on December 24, 2013 and that yesterday was the return date for report of service.
He added that he and his client had not been able to meet with the respondents to discuss and settle the outstanding issue.
The police counsel, Emerhor, however vehemently distanced himself from the statements of Nkwocha to the effect that steps were being taken to dialogue and settle the matter, stating that it was Jim Daniels and Nkwocha that charged the police to court while they were trying to carry out their constitutional responsibility of investigating allegation of fraud levelled against the applicants.
Corroborating the position of the police counsel, counsel of the other respondents, Environ-Aid Technologies Limited and Enercon Nigeria Limited, Mrs C.E Ikebuasi, said her clients had petitioned the police over an alleged fraud to the tune of $350,000 perpetuated by Jim Daniels and instead of allowing the police carry out their investigation to ascertain the veracity of the petition or otherwise, he dragged the respondents to court.
” My lord, what the counsel for the applicants said is not the true state of things. He served us and we intend to react to the application”
Environ Aid Technologies and Enercon had petitioned the Inspector General of Police and the Commissioner of Police (Special Fraud Unit) on the December 29, 2013 and October 11, 2013 respectively stating that Jim Daniels had allegedly fraudulently obtained $350,000 from the company under the guise of supplying the respondents various chemicals for Environmental Remediation from Biowish Inc, USA.
The petitions, which were obtained by our correspondent, explained that between September, 2012 and December, 2013, the Environ-Aid Technologies Limited transferred $350,000 in two tranches of $150,000 and a last tranche of $50,000 on the 16th of October 2012, November 6, 2012 and December 14, 2012 respectively to Biowish Africa represented by Mr Jim Daniels on Bank account number 2531597594, BBVA Compass Bank, Houston, Texas as payment for the supply of chemicals for environmental remediation, which have not been supplied till date.
