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A Chief Magistrate Court in Nasarawa State sitting at Mararara Gurku has set aside its order for the arrest of the Chairman of Platform Capital, Dr Akintoye Akindele over alleged offence of fraudulent diversion of funds and other undisclosed allegations.
Magistrate Vincent V. Manga issued the order on Wednesday, August 23, in suit number: CMC/MG/CR/17S/2023.
The Magistrate set aside the arrest warrant because the court lacked the jurisdiction to make the orders and nondisclosure/suppression of material facts by the Police.
The order reads "Upon consideration of application made by the applicant this 23rd day of August 2023 praying for an order of this Honourable Court setting aside Warrant of Arrest, Warrant of Search, and Warrant of Commitment to Prison on Remand earlier made in respect of Dr Akintoye Akindele and the proceedings of the court for being a nullity on the grounds of lack of jurisdiction and nondisclosure/suppression of material facts, the application is hereby granted as prayed.
"An order of the Honourable Court is hereby made setting aside and discharging the Warrant of Arrest, Warrant of Search and Warrant of Commitment to Prison on Remand against the defendant (Dr Akintoye Akindele).
"Quashing and setting aside the proceedings of this Honourable Court in the matter ordered accordingly".
Akindele had earlier dragged the Inspector General of Police (IGP) and four others before the Federal High Court in Lagos for alleged detention beyond the constitutional limit.
Also joined as defendants in the suit are the Nigeria Police Force (1st respondent), Summit Oil International Limited (3rd respondent), Dr Zulikat Wuraola Abiola (4th respondent), Duport Energy Limited (5th respondent), and Mr Oluwatosin Odusanya (6th respondent).
In a fundamental rights suit brought pursuant to Section 35(1), 36, 41(1) and 46(1) of the Constitution, filed by his lawyer, Chief Bolaji Ayorinde (SAN), the applicant is seeking an order mandating the Nigerian Police, the Inspector General of Police (1st and 2nd respondents) to immediately release him, having been continuously incarcerated for a period more than 96 (Ninety-Six) hours after his arrest.
The applicant is also seeking an order of perpetual Injunction restraining the respondents, whether by themselves, agents, servants, privies or any other person acting on or purporting to act on the respondents’ instructions or otherwise from further detaining or harassing the applicant or otherwise violating the applicant's fundamental human rights as guaranteed by the Constitution of the Federal Republic of Nigeria 1999, and African Charter on Human And Peoples Rights (Ratification and Enforcement) Act, 2004.
The applicant is also seeking "A declaration that it is not the statutory function of the Nigerian Police and the Inspector General of Police to act as a debt recovery agent and extract payment terms from the applicant on contractual obligations between the applicant and the 3rd to 6th respondents.
"A declaration that the continuous detention of the applicant by the 1st and 2nd respondents constitutes a gross violation of the applicant's right to personal liberty and freedom of movement and therefore contrary to Section 35 and 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Articles 4, 5, 6, and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 LFN, 2004.
"A declaration that it is not the statutory function of the 1st respondent to surreptitiously oppress the applicant and abuse its powers in contempt of judicial process in order to overreach the proceedings in the various pending litigations over the management control of Duport Midstream Company Limited where the applicant holds 73.9375 per cent shareholding through his company.
"A declaration that it is not the statutory function of the Police to surreptitiously oppress and/or misuse its powers to harass and intimidate the applicant under the guise of investigation of the alleged offence of fraudulent diversion of funds and other undisclosed allegations".
In a 62-paragraph affidavit deposed to by one Adebanjo Ojedapo, a litigation Manager in the law firm of B.A. Law LLP, Counsel to the applicant, stated that the applicant is the Managing Director/Chief Executive Officer of Duport Midstream Company Limited, a company engaged in the business of refining crude oil and selling/supplying refined oil and gas products to downstream oil companies.
According to the deponent, by a Product Sale Agreement dated 11th October 2017 and an Addendum thereto dated 12th October 2018, Duport Midstream Company Limited contracted the 3rd respondent for the supply of crude oil for the operation of its Energy Park situated at Egbokor, Edo State.
He stated that the 3rd respondent has failed, refused and neglected to perform its obligations under the agreement by failing to keep up with the supply of crude oil.
The deponent explained that due to the failure of the 3rd respondent to perform its obligations under the Product Sale Agreement to supply crude oil to the Energy Park, Duport Midstream Company Limited incurred losses and could not get feedstock.
He further argued that by a Notice of Claim for Shortfall in Supply of Condensate dated September 3, 2021, the applicant’s company, Duport Midstream Company Limited claimed against the 3rd and 4th respondents the sum of $9,806,309.77 (Nine Million, Eight Hundred and Six Thousand, Three Hundred and Nine Dollars, Seventy-Seven Pence) for shortfall the company suffered due to the 3rd respondent's failure to supply crude oil as contracted.
The deponent said, "That further to the above, the parties met severally and reconciled the outstanding amounts owed by both sides with the 3rd respondent owing Duport Midstream Company Limited the sum of $9,806,309.77 (Nine Million, Eight Hundred and Six Thousand, Three Hundred and Nine Dollars, Seventy-Seven Pence) as at August 2021.
"That the parties agreed that the said sum would be satisfied by the 3rd respondent by awarding the Duport Midstream Company Limited 20 per cent discount off the purchase price of gas supplied to the latter subsequently".
He added that due to the perpetual failure of the 3rd respondent to supply Duport Midstream Company Limited’s Energy Park with crude oil, the applicant, in his capacity as the Managing Director/Chief Executive Officer of Duport Midstream Company
Limited sought alternative crude supply to enable the company to carry out its mandate.
Dissatisfied with the applicant's action, the 3rd and 4th Respondents, by a letter dated June 2, 2023, claimed that Duport Midstream Company Limited is indebted to the 3rd respondent in the sum of $5,732,407.14 (Five Million, Seven Hundred and Thirty-Two Thousand, Four Hundred and Seven Dollars, Fourteen Pence).
Consequently, Duport Midstream Company Limited responded by a letter dated June 16, 2023, highlighting the fact that the 3rd defendant is equally indebted to the former in the sum of $21,829,019.96 (Twenty-One Million, Eight Hundred Twenty-Nine Thousand, Nineteen Dollars and Ninety Six Pence) after the initial loss of $9,806,309.77 (Nine Million, Eight Hundred and Six Thousand, Three Hundred and Nine Dollars, Seventy-Seven Pence) as at August 2021 had risen over the years.
The deponent continued; "That by the above-referenced letter, Duport Midstream Company Limited demanded a set off of the claimed $5,732,407.14 (Five Million, Seven Hundred and Thirty-Two Thousand, Four Hundred and Seven Dollars, Fourteen Pence) against its (twenty One Million, Eight Hundred Twenty Nine Thousand, Nineteen Dollars and Ninety-Six Pence) and payment of the balance of $16,096,612.82 (Sixteen Million, Ninety-Six Thousand, Six Hundred and Twelve Dollar and Eight-Two Pence) within 7 (Seven) days of receipt of the said letter.
"That the 3rd respondent and the 4th respondent failed, neglected and refused to act upon the said letter.
While insisting that before the above, the 3rd to 6th respondents, in concert with Mrs Mobolaji Kuku and Dr Oladipo Adeniyi, Chairman Board of Directors and Director of Duport Midstream Company Limited respectively, have been disrupting the activities of Duport Midstream Company Limited, thereby making it impossible for the latter to reach its commercial goal, the deponent added that the ultimate goal of the 3rd to 6th respondents, in concert with the aforesaid Mrs Mobolaji Kuku and Dr Oladipo Adeniyi is to wrestle the management control of Duport Midstream Company Limited from the constituted management by mounting pressure on the Managing Director/Chief Executive Officer, the applicant herein to cede management control.
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