Disputed land: Court restrains EFCC from arresting ex-defence minister

Justice Yusuf Halilu of the High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, on Monday issued an interim order restraining the Economic and Financial Crimes Commission (EFCC) from embarrassing, intimidating, arresting, or detaining a one-time Minister of Defence, Mr Lawal Batagarawa, over a disputed land matter.

The judge issued the interim order after hearing an ex-parte application with the number M/12520/2024 in the suit marked CV/4123/2024, as argued by the counsel for the former minister, Jerry Aondo SAN.

Batagarawa had sought an interim order of injunction restraining EFCC’s privies and officers, including the second and third respondents, from further embarrassing, humiliating, arresting, or detaining him, among others, in respect of the disputed plot of land.

In his ruling in the application, Justice Halilu barred the anti-corruption commission, its agents, or anyone acting on its behalf from inviting, harassing, embarrassing, humiliating, arresting or detaining, intimidating, and threatening Batagarawa in connection with the plot of land allocated in the name of Lamda Beta Investment Ltd situated at Gudu, Abuja, pending hearing and determination of the substantive suit on the enforcement of the applicant’s fundamental rights.

He subsequently granted an order for substituted service of the originating processes and other legal documents on the EFCC and other respondents to be delivered at the commission’s office located at Plot 301/302, Institution and Research Cadastral District, Jabi, Abuja.

Listed as respondents in the case are the EFCC, Sanusi Mohammed (head, bank fraud section), Umar Imran (investigating police officer), Patrick Ineke, and the Attorney-General of the Federation (AGF) as the 1st to 5th respondents, respectively.

Batagarawa claimed that he has been facing a series of actions from EFCC through the second and third respondents that amounted to harassment and intimidation over the plot of land allocated to Lamda Beta Investment Ltd., whose original Certificate of Occupancy (CofO) is in his possession as a director of the company.

In an affidavit dated September 20, 2024, Batagarawa detailed various instances of harassment, including his detention at the EFCC headquarters at Jabi, Abuja, on August 19 and 20, 2024, from 10 a.m. to 7 p.m., before being released on administrative bail.

He also alleged that he had been subjected to repeated summonses and harassing phone calls from EFCC agents.

According to him, EFCC’s actions were based on false allegations orchestrated by the 4th respondent, Patrick Ineke, and his legal representatives, who claimed ownership of the disputed plot of land.

The claim was allegedly based on a supposed transaction between Ineke, a deceased Mrs Allagh, and one Wilson Osuagwu, who had served as Batagarawa’s orderly in 2001 during his tenure as Minister of Defence.

In his affidavit, Batagarawa categorically refutes these claims, stating that the land in question had been allocated to his company, Lamda Beta Investment Limited, by the Federal Capital Development Authority (FCDA) in 2001.

He further provided evidence of payments made for the right of occupancy and other fees, amounting to N3,050,683.33, through Intercity Bank PLC on June 16, 2001.

Meanwhile, Justice Halilu had adjourned the hearing of the motion on notice for the enforcement of the former minister’s fundamental right to October 31.

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