SPV: Keyamo sues Atiku

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GENERAL FORM OF WRIT OF SUMMONS

IN THE FEDERAL HIGH COURT
HOLDEN AT ABUJA

SUIT NO: FHC/ABJ/CS/_____/2023

BETWEEN:
MR. FESTUS KEYAMO, SAN ……………………… PLAINTIFF
AND
1. ALHAJI ATIKU ABUBAKAR
2. CODE OF CONDUCT BUREAU
3. INDEPENDENT CORRUPT PRACTICES (AND OTHER RELATED OFFENCES) COMMISSION
4. ECONOMIC AND FINANCIAL CRIMES COMMISSION… DEFENDANTS

TO:
1. THE 1ST DEFENDANT,
Atiku Abubakar Campaign Office,
Beside Access Bank,
Ademola Adetokunbo Crescent,
Wuse II, Abuja.

2. THE 2ND DEFENDANT,
Federal Secretariat Complex,
Annex III, Shehu Shagari Way,
Abuja

3. THE 3RD DEFENDANT,
Plot 802, Constitution Avenue,
Central Area,
Abuja

4. THE 4TH DEFENDANT,
Plot 301/302,
Institution and Research Cadastral,
District Jabi,
Abuja.

You are hereby commanded that within thirty (30) days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of the Plaintiff.
AND TAKE NOTICE that in default of your so doing, the Plaintiff may proceed herein and judgment may be entered in your absence.
Dated this …………. day of …………………….. 2023.

……………………….
REGISTRAR

Memorandum to be subscribed on the Writ:
N.B: This writ is to be served within twelve (12) calendar Months from date thereof, or if renewed, within six (6) calendar months from the date of the last renewal, including the day of such date and not afterwards.
The Defendants may enter appearance personally or by a legal practitioner either by handing in the appropriate forms, duly completed at the Registry of the High Court of the Judicial Division in which the action is brought or by sending them to the Registrar by registered post.

WHEREOF the PLAINTIFF claims against the DEFENDANTS as follows:

1. A DECLARATION of this Honourable Court that the 1st Defendant is under a legal obligation to make available to the 2nd, 3rd and 4th Defendants, for the purpose of aiding their investigation, information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.

2. A DECLARATION of this Honourable Court that the 1st Defendant is under a legal obligation to submit himself to the 2nd, 3rd and 4th Defendants for thorough investigation in connection with information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.

3. A DECLARATION of this Honourable Court that the 2nd, 3rd and 4th Defendants are under a legal obligation to invite and/or arrest, investigate and (if found wanting) prosecute the 1st Defendant in respect of information available to the 1st Defendant in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.

4. A MANDATORY ORDER of this Honourable Court compelling the 1st Defendant to make available to the 2nd, 3rd and 4th Defendants, for the purpose of aiding their investigation, information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.

5. A MANDATORY ORDER of this Honourable Court compelling the 1st Defendant to submit himself to the 2nd, 3rd and 4th Defendants for thorough investigation in connection with information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.

6. A MANDATORY ORDER of this Honourable Court compelling the 2nd, 3rd and 4th Defendants to invite and/or arrest, investigate and (if found wanting) prosecute the 1st Defendant in respect of information available to the 1st Defendant in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.

7. SUCH FURTHER ORDER OR OTHER ORDERS that this Honourable Court may make in the circumstance of this case.

This Writ was issued by Festus Ukpe, Esq. of Festus Keyamo Chambers, whose address for service is No. 13, Nouakchott Street, Wuse Zone 1, Abuja Legal Practitioner for the said PLAINTIFF who reside at C/O. No. 13, Nouakchott Street, Wuse Zone 1, Abuja.

This Writ is to be served by me at…………………
On the defendants (here insert the mode of service) on the.…day of………2023.

Endorsed the ……………….day of ……………………….2023
……………………………………….
(Signed)
………………

IN THE FEDERAL HIGH COURT
HOLDEN AT ABUJA

SUIT NO: FHC/ABJ/CS/________/2023

BETWEEN:
MR. FESTUS KEYAMO, SAN ……………………… PLAINTIFF
AND
1. ALHAJI ATIKU ABUBAKAR
2. CODE OF CONDUCT BUREAU
3. INDEPENDENT CORRUPT PRACTICES (AND OTHER RELATED OFFENCES) COMMISSION
4. ECONOMIC AND FINANCIAL CRIMES COMMISSION…. DEFENDANTS

STATEMENT OF CLAIM

1. The Plaintiff is a Nigerian citizen, legal practitioner, Fellow of the Chartered Institute of Arbitrators, (UK) and a member of the Inner Bar (a Senior Advocate of Nigeria), who has spent the 30 years of his legal practice fighting for the rights of the downtrodden and the development of constitutional democracy in Nigeria.
2. The Plaintiff was also a private prosecuting counsel for the Economic and Financial Crimes Commission and in that capacity, he prosecuted several Politically Exposed Persons on behalf of the Commission. He has also handled several constitutional and landmark cases in almost all branches of the legal profession, and many on pro bono basis.
3. The Plaintiff has also served in various public offices including serving as a Director of the Board of the Nigeria Deposit Insurance Corporation (NDIC) and currently the Honourable Minister of State for Labour and Employment of the Federal Republic of Nigeria.
4. The Plaintiff is also a politician and a member of the All Progressives Congress (APC) in which he has held several offices including Director of Strategic Communications and Spokesperson for the second term campaign of President Muhammadu Buhari. And currently serves as the Director of Public Affairs and Chief Spokesperson for the Tinubu-Shettima 2023 APC Presidential Election Campaign Council.
5. That the 1st Defendant is a Nigerian Citizen, and politician who held public office as the Vice President of Nigeria, from 1999 to 2007 and is also the Presidential Candidate of the Peoples Democratic Party (PDP) for the 2023 General Elections in Nigeria.
6. That the 2nd Defendant is a statutory body responsible for investigating complaints against public officers for breach of the Code of Conduct for public officers.
7. That the 3rd Defendant is a statutory body responsible for investigating complaints of corruption by public servants and for breaches of the provisions of its enabling Act.
8. That the 4th Defendant is a Statutory Body responsible for investigating complaints of money laundering and other financial crimes as well as perceived breaches of the provisions of its enabling Act.
9. The Plaintiff avers that on or about the 2nd of December, 2022, a certain whistleblower known as Michael Achimugu went public and gave graphic accounts of certain events that transpired between him and the 1st Defendant.
10. The Plaintiff avers that the said Michael Achimugu then made available to the public a Certified True Copy of an affidavit to which he swore capturing those events. The said Affidavit of Michael Achimugu which was deposed on the 2nd of December, 2022 is hereby pleaded and shall be relied upon at the trial of this suit.
11. That the Plaintiff avers that he obtained the Certified True Copy of the said Affidavit and the following are the contents:
“a. That I am a Media Consultant.

b. That between 2017 and 2022, I worked closely with Alhaji Atiku Abubakar, the Presidential Candidate of the Peoples Democratic Party (PDP), in media matters.

c. That on or about the 13th of June, 2018, there was an allegation of corruption against Atiku Abubakar regarding a N100million bribe given to Atiku Abubakar by the former Governor of Plateau State, Joshua Dariye. Attached as Exhibit A is one of such posts that appeared on social media.

d. That I then sent an email to Atiku Abubakar to give me some explanation to reply the allegation. Attached as Exhibit B is the email I sent to him.

e. Atiku Abubakar sent an email to me that reads as follows: “The money was paid into an SPV for party funding and the Directors of Marine Float was Otunba Fasewe, not Atiku”. Attached as Exhibit C is the said email.

f. I then replied him as follows: “May I ask what an SPV is?”. Attached as Exhibit D is the said email.

g. Atiku Abubakar then responded as follows: “Special Purpose Vehicle. A company registered to carry out certain activities.” Attached as Exhibit E is the said response.

h. To clarify further, Atiku Abubakar, whom I hereafter refer to as “AA” immediately called me through his phone number 09099994411 to my then phone number 07032675292 on the 13th of June, 2018 at around 8:55pm. The following conversation, which I recorded on my phone, was as follows:

♣ AA: “Eh, Mike”
♣ Myself: “Yes, sir!”.
♣ AA: “How can you ask me what is SPV?”
♣ Myself: “Eh, well, I don’t know what SPV is, Sir, and I needed to be sure before I start arguing with these people”
♣ AA: “SPV is a Special Purpose Vehicle. In other words is a, is a company they incorporate to carry out certain…..you know, activities.”
♣ Myself: “ok, sir”.
♣ AA: “You see, you see, what happened was when we came into, you know the office and I advised the President against you know, you know ehn, like, you know open corruption”.
♣ Myself: “Yes, sir”
♣ AA: “I said, I told him, I said, give me three people you
trust.”
♣ Myself: “Yes, sir”
♣ AA: “And I will prepare three companies, for which they would be the subscribers, or rather the directors”.
♣ Myself: “ok, sir”
♣ AA: “So that, you know, like, if there is any contract that we give, you know they will act like consultants, you know, and then they are given a fee and that fee is what we now use, you know, to fund the party, instead of you know, engaging in, open ……… so he gave me the names of Fasawe, eh, Andy Uba, and late ehn, ehn, this guy ehn, you know the guy from Borno State, who died in that plane crash, eh, trying to rem…three of them”.
♣ Myself: “ok, sir”
♣ AA: “So I now incorporated companies and I put them as subscribers and one of the companies was Marine Float”.
♣ Myself: “Yes sir”.
♣ AA: “So, when, ehn, this Governor sent donations to the party, now, he sent it to Marine Float. So it was paid into Marine Float”.
♣ Myself: “Yes, sir”
♣ AA: “You know, one of the subscribers of Marine Float was ehn Otunba Fasawe. You know, that, that account was very, very well investigated by EFCC to see whether, you know, there was any this thing…..they found out that there was nothing”.
♣ Myself: “Yes, sir”
♣ AA: “So, that was where the N100 million went to. It did not go to Atiku Abubakar. It went to Marine Float. Marine Float was an SPV, Special Purpose Vehicle created, you know, eh, as a consulting company, so that was the way I handled it, you know”.
♣ Myself: “okay, sir”.
♣ AA: “Yes, so, eh, that was what I briefly tried to explain to you, no money was given to Atiku Abubakar”.
♣ Myself: “(laughing) it’s okay sir. You know these people, as the time draws closer they keep coming up with a lot of, ehn, issues, and one needs to be able to have a few facts to be countering them immediately, immediately. Yes sir, no problem sir. I will tackle him later tonight”.
♣ AA: “You know, so, I mean, they should go and check. The money was not paid to Atiku Abubakar, The money was paid to a company called Marine, Marine Float”.
♣ Myself: “Marine Float. Yes, sir”.
♣ AA: “Yes, which I …… Marine Float was one of those three companies, you know, so,….”
♣ Myself: “Yes, sir. He did state categorically that you own
Marine Float.”
♣ AA: “I never owned …. there is no way I can own Marine Float. Let them go and check the Certificate of Incorporation or Articles of Association, to find out whether I own Marine Float”.
♣ Myself: “ok sir, that’s all. That’s all, no problem sir. Thank you so much, daddy, I really appreciate”.
♣ AA: “Alright, thank you”.
♣ Myself: “Yes sir, Yes sir”.

i. That I recorded the conversation quoted above, not out of mischief, but because at that time I did not want to miss any instruction given to me by my boss, Atiku Abubakar.

j. That I later met Atiku Abubakar for further briefing, on the issue and he further explained that the Special Purpose Vehicles were what he used throughout his tenure as Vice-President to fund his private businesses and his family activities.

k. That I swear to this affidavit in good faith believing its contents as correct and in accordance with the Oath Act Cap 01 LFN, 2004.”

12. The Plaintiff also obtained the audio recording, containing the voice of the 1st Defendant, referred to in the Affidavit of Michael Achimugu and shall be relied on at the trial.

13. That the Plaintiff immediately wrote to the 2nd, 3rd and 4th Defendants drawing their attention to the facts as stated above by Michael Achimugu and urging them to act in accordance with their statutory powers and duties. The acknowledged copy of the said petition dated 16th January, 2023 is hereby pleaded and shall be relied upon at the trial of this Suit.

14. The Plaintiff further avers that after submitting the petitions, he observed from all indications that the 2nd, 3rd and 4th Defendants are unwilling to investigate this matter.

15. The Plaintiff avers that till date, the 1st Defendant has not made available to the 2nd, 3rd and 4th Defendants, for the purpose of aiding their investigation, information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
16. The Plaintiff avers that till date, the 1st Defendant has not submitted himself to the 2nd, 3rd and 4th Defendants for thorough investigation in connection with information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria

17. That the Plaintiff avers that as a result of his training and legal practice, he knows that several offences arise from the said facts as stated above and these offences include offences against the Code of Conduct for Public Officers, Money Laundering, Criminal Breach of Trust, Criminal Misappropriation and Conspiracy including criminal use of office for gratification.

18. That if this honourable court does not grant the reliefs sought by the Plaintiff, a grave crime and/or infraction of our laws would have gone undetected.
Whereof the PLAINTIFF is aggrieved and claims as follows:
A. A DECLARATION of this Honourable Court that the 1st Defendant is under a legal obligation to make available to the 2nd, 3rd and 4th Defendants, for the purpose of aiding their investigation, information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
B. A DECLARATION of this Honourable Court that the 1st Defendant is under a legal obligation to submit himself to the 2nd, 3rd and 4th Defendants for thorough investigation in connection with information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
C. A DECLARATION of this Honourable Court that the 2nd, 3rd and 4th Defendants are under a legal obligation to invite and/or arrest, investigate and (if found wanting) prosecute the 1st Defendant in respect of information available to the 1st Defendant in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
D. A MANDATORY ORDER of this Honourable Court compelling the 1st Defendant to make available to the 2nd, 3rd and 4th Defendants, for the purpose of aiding their investigation, information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
E. A MANDATORY ORDER of this Honourable Court compelling the 1st Defendant to submit himself to the 2nd, 3rd and 4th Defendants for thorough investigation in connection with information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
F. A MANDATORY ORDER of this Honourable Court compelling the 2nd, 3rd and 4th Defendants to invite and/or arrest, investigate and (if found wanting) prosecute the 1st Defendant in respect of information available to the 1st Defendant in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.
G. SUCH FURTHER ORDER OR OTHER ORDERS that this Honourable Court may make in the circumstance of this case.

Dated this 20th Day of January, 2023.

JOHN AINETOR, ESQ.
FESTUS UKPE, ESQ.
OKECHUKWU C. UJU-AZORJI, ESQ.
ARINZE S. EGBO, ESQ.
FESTUS KEYAMO CHAMBERS,
COUNSEL TO THE APPLICANT,
13 NOUAKCHOTT STREET,
NEAR KEYSTONE BANK,
WUSE ZONE 1, ABUJA.
[email protected]
08033371229
FOR SERVICE ON:
1. THE 1ST DEFENDANT,
Atiku Abubakar Campaign Office,
Beside Access Bank,
Ademola Adetokunbo Crescent,
Wuse II, Abuja.

2. THE 2ND DEFENDANT,
Federal Secretariat Complex,
Annex III, ShehuShagari Way,
Abuja

3. THE 3RD DEFENDANT,
Plot 802, Constitution Avenue,
Central Area,
Abuja

4. THE 4TH DEFENDANT,
Plot 301/302,
Institution and Research Cadastral,
District Jabi,
Abuja.

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