Malami Must Hear This: The ANLCA Abeokuta High Court Application Fraud

BY EGUONO ODJEGBA

As the third arm of government, the judiciary both in principles and practice operates on high level probity and intellectual sagacity.  It is easily not given to errors and or, lowering the professional credentials. It is probably not for nothing that the judiciary is regarded as the bastion of justice, the last hope of the common man.

Therefore, professional ethics, integrity and its overall quality characterization is taken very seriously, by no means, not just the leadership of the legal system, the Ministry of Justice or the National Judicial Council as it were; but indeed, the entire learned silk family; who are believed to place high premium on their individual and collective integrity.

It is not clear how this time honoured professionals will react to evidences and indication of identity theft within its filling system, believed to have been carried out by unknown judicial insider(s) with the possible connivance of higher authority; on the backdrop of a recent case at the Federal High Court Abeokuta.

There are indications that the authority at the Abeokuta Divisional High Court may have compromised ethical standards in a case of stolen identity, through alleged lifting of material evidences from the court files, for the use of fraudulent applications; upon which an equally fraudulent hearing and ruling were respectively, entered and obtained.

The identity theft involves a lawyer’s personal data including his names, passport and other professional details which were supposedly stolen from the files of the Federal High Court, Abeokuta, Ogun State. The victim of the identity theft, Barrister Gbenga Akinde-Peters, claimed that his identity was fraudulently obtained and used in a SUIT NO: FHC/AB/CS/109/2021, upon which judgment was allegedly given on 20th January 2022 in a case of trusteeship tussle between leaders of the Association of Nigeria Licensed Customs Agents (ANLCA).

It is rumoured that the expired National Executive Committee (NECOM) of ANLCA may have procured the controversial identity in the bid to obtain a favourable judgment against the authentic registered Board of Trustees (BoT) headed by Alhaji Taiwo Mustapha.

Facts of the case indicate that a faction of the ANLCA BoT led by Lagos business colossus and larger than life industrialist, Dr. Taiwo Afolabi, used the stolen identity to enter an application, for which judgment was given in their favour by  , Justice J.O Abdulmalik on 20th January 2022.

While it is apparent that Justice J.O Abdulmalik may have been misled under the circumstances to enter the controversial judgment that has since put the Corporate Affairs Commission (CAC) into state of confusion, it is unclear who assisted the beneficiary of the stolen identity at the Federal High Court, Abeokuta.

It will be recalled that the ANLCA leadership crisis of more than four years, took a dramatic twist in February this year, when the NECOM led by the National President, Iju Tony Nwabunike and the Dr. Taiwo Afolabi led BoT presented the Abeokuta High Court fraudulent applications upon which a judgment, which the factional board presented to the CAC, consequent upon which it was issued with own certificate of registration.

Although the controversial certificate was immediately challenged by the authentic registered BoT led by Alhaji Taiwo Mustapha, the Dr Taiwo Afolabi led faction has however held on tenaciously like n ornament until recently, indications emerged that it has been cancelled by the CAC.

A copy of the Abeokuta High Court judgment obtained by our reporter showed that the Nwabunike and Afolabi side had apparently divided themselves into two camps to stand as both Plaintiff and Defendant; allegedly in order to deceive the judge, Justice J.O Abdulmalik.

It will be further recalled that based on Justice J.O Abdulmalik ruling, which effectively restrained the Mustapha led registered from parading itself in office, the later swiftly obtained a counter restraining order which was served on CAC. Despite all of that, the CAC nevertheless went ahead to issue a second BoT certificate of registration, which farther threw spanners at ongoing efforts at resolving the protracted leadership crisis.

While it is envisaged that the end of the crisis is in sight, given the latest revelation and alarm raised by the said Gbenga Akinde-Peters, it is pertinent to put in the public domain the facts of twists even at temple of justice.

In a sworn affidavit at the High Court of Lagos on 24th if November, the deponent, Gbenga Akinde-Peters, who was instrumental to the ruling obtained at the Abeokuta high Court claimed that his identity was stolen. He also denied knowing the ANLCA faction attorney, Stanley Chibogu Ezenike Esq.

This is even as he also denied knowing or hearing about ANLCA and its crisis until now. The affidavit read in part: “I, GBENGA AKINDE-PETERS, Adult, Male, Christian, Nigerian Citizen and Legal Practitioner at 80B, Isale-Eko Avenue, Dolphin Estate, Ikoyi, Lagos State do hereby make oath and state as follows that:

1. I am a Senior Associate with the law firm of Temilolu Adamolekun & Co., of 80B, Isale-Eko Avenue, Dolphin Estate, Ikoyi, Lagos State.
2. I was served with a copy of the Applicant’s Originating Application on the 3rd day of November, 2022.
3. Having perused the content of the Originating Application, I state that I do not know the Applicant, neither have I had any relationship with it. Everything to the petition is strange to me and all the facts in the Affidavit in support of the petition are alien to me.
4. In reaction to paragraph 3 of the Affidavit of facts deposed to by one Mr. Gideon Nwagbaraocha on the 25th day of May 2022, I am not aware of the existence of Suit No: FHC/L/CS/921/2020 filed at the Federal High Court, Lagos Division and I have never appeared in such a matter and in fact, no lawyer from our office has ever heard of such a case.
5. In reaction to paragraph 4 of the Affidavit of facts deposed to by one Mr. Gideon Nwagbaraocha on the 25th day of May 2022, I am not aware of the existence of EXHIBIT A attached to the Affidavit i.e. the Order of the Federal High Court coram Hon. Justice R.M Aikawa delivered in Suit No: FHC/L/CS/921/2020.
6. In reaction to paragraph 5 of the Affidavit of facts deposed to by one Mr. Gideon Nwagbaraocha on the 25th day of May 2022, I am not aware that Suit No: FHC/L/CS/921/2020 is now pending before Hon. Justice Osiagor.
7. In reaction to paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of the Affidavit of facts deposed to by one Mr. Gideon Nwagbaraocha on the 25th day of May 2022, I am not aware of the existence of Suit No: FHC/AB/CS/109/21 filed at the Federal High Court, Abeokuta Judicial Division.
8. In furtherance to the above and prior to the service of the Originating Application on me, I was not aware of the Judgment of Hon. Justice J.O Abdulmalik of the Federal High Court, Abeokuta Judicial Division, delivered in Suit No: FHC/AB/CS/109/21.
9. The entire depositions of Mr. Gideon Nwagbaraocha as contained in the Affidavit of facts are totally strange and unknown to me.
10. On the 27 day of October, 2022, I received a call from an unknown person with phone number: 09072379288, who introduced himself to me as an official of the Body of Benchers and also informed me that some other person was finding it hard in serving a correspondence on me at my purported address stated as, No. 91, Opebi Road, Ikeja, Lagos.”

Also reacting to NECOM’s lawyer’s petition to the Nigerian Police, sates:

“11. I have never lived nor worked at any office with an Ikeja address and I have no link at all to No. 91, Opebi Road, Ikeja, Lagos.

12. In furtherance to the above, I inquired who the correspondence was addressed to and the speaker attempted to pronounce “Gbenga Akinde Peters”, albeit pronounced my last name wrongly.
13. He further asked how the correspondence could get to me and out of curiosity and because I really wanted to know what this was all about, I gave him my office address.
14. The said Correspondence and the Originating Application was eventually served on me at 80B, Isale Eko Avenue, Dolphin Estate, Ikoyi, Lagos.
15. I do not know the location of the purported address ascribed to me on the face of the Correspondence, the Originating Application and its accompanying processes, i.e. No. 91, Opebi Road, Ikeja, Lagos.
16. I have never had any reason whatsoever to visit No. 91, Opebi Road, Ikeja, Lagos, neither have I had any relationship with anyone whatsoever with the address mentioned in the preceding paragraph.
17. My name is Gbenga Akinde-Peters as opposed to the description of the 2nd Respondent on the face of the Originating Application and the Correspondence from the Body of Benchers.
18. 1 do not know the 1st Respondent i.e. Stanley Chibogu Ezenike Esq.
19. 1 do not have any relationship whatsoever with the 1st Respondent.
20. After receiving the petition, on the 9th day of November, 2022, I made an Application to the Deputy Chief Registrar, Federal High Court, Abeokuta Judicial Division to conduct a search on the case file of Suit No: FHC/AB/CS/109/21 and obtain Certified True Copies of the Processes filed therein. A Certified True Copy of my Application is hereby attached as EXHIBIT Gl.
21. Upon the search of the case file, | saw a Memorandum of Appearance dated 15 of October, 2021, purportedly signed by one “A.P Gbenga Esq.”, of Gbenga & Co. 91 Opebi Road, Ikeja with email address: peters@nigerianbar.ng.

22.1 also saw a Counter Affidavit in opposition to the Plaintiffs’ Originating Summons deposed to by one, Folabomi Temitope, supported by a Written Address purportedly signed by one “A.P Gbenga Esq.”, of Gbenga & Co., 91 Opebi Road, Ikeja with email address: peters@nigerianbar.ng. The Certified True Copies of the Memorandum of Appearance, Counter Affidavit and Written Address are hereby attached as EXHIBIT G2.

23. When I sign court processes, correspondence and other documents, I do not address and have never addressed/described myself as A.P Gbenga, as l have always written my name as: Gbenga Akinde-Peters.
24. The signature of the “A.P Gbenga Esq” in EXHIBIT G2 is not my signature, neither does it have any similarity with my signature.
25. I am not aware of the existence of any firm with the name “Gbenga & Co.”, of 91 Opebi Road, Ikeja, neither have I had any relationship whatsoever with the firm.
26. I am also not aware of the email address: peters@nigerianbar.ng

27.1 do not know the Folabomi Temitope who deposed to the Counter Affidavit, neither did 1 inform him of his depositions as contained in paragraph 4 (a) to {j) of the Counter Affidavit. ’

28. Furthermore, I did not meet with any Folabomi Temitope on the 13th day of October, 2021 as he averred in paragraph 4 of the Counter Affidavit.
29. I have been under the employment of Temilolu Adamolekun& Co. of 80B, Isale Eko Avenue, Dolphin Estate since February, 2015, with my current position as Senior Associate/Head of Chambers.
30. Consequently, I do not work with “Gbenga & Co.”of 91 Opebi Road, Ikeja, Lagos and I have never worked for “Gbenga & Co.”

The obviously distraught legal practitioner continued:

“31. Upon a search of the case file, I further noticed that one T.M Akinola appeared for the Defendants on the 15’» day of October 2021 and 26th day of October 2021. A Certified True Copy of the Record of Proceedings and the Courts Bar/Cause list are hereby attached as EXHIBIT G4.

32.1 was shocked to see a copy of my NBA Seal Receipt attached to the Defendants’ Counter Affidavit and Written Address filed in Suit No: FHC/AB/CS/109/21.

33. The only time I ever appeared at the Federal High Court, Abeokuta Judicial Division was before Hon. Justice A.T Mohammed, sometime in 2016, in the matter of Guaranty Trust Bank Plc V Nigerian German Chemicals, Plc with Suit No: FHC/AB/CS/17/2016.
34. Upon the conclusion of the matter mentioned in paragraph 33 above, 1 have not had any reason whatsoever to visit the Federal High Court, Abeokuta, Judicial Division.
35. More so, I have never appeared before Hon. Justice J.O Abdulmalik of the Federal High Court, Abeokuta Judicial Division and up till the time of deposing to this Affidavit, I do not even know what His Lordship looks like.
36. I have every cause to believe that some persons detached a copy of my NBA Seal Receipt from one of the court processes that I must have signed and filed in Court for the purpose of this fraud which was perpetrated in an eccentric manner.

37.1 know as a Legal Practitioner that all court processes signed by me and filed in court are public documents and people can have access to them whether or not I permit them.

38. 1 am also aware that the Court Registries across the country are accessible to the general public, including but not limited to Counsel, Litigants, Paralegal Staff such as Clerks, Litigation Officers etc.
39. In view of my findings from the search conducted on the case file, some persons used a copy of my NBA Seal Receipt to perpetuate the fraudulent act of entering appearance for the Defendants in Suit No: FHC/AB/CS/109/21.
40. Upon my findings as chronicled above, I petitioned the office of the Assistant Inspector General of Police, Nigeria Police Force, Zone 2, Onikan, Lagos to investigate the fraudulent activities of T.M Akinola and Folabomi Temitope. A Certified True Copy of the petition is hereby attached and marked as EXHIBIT GS and | know that the Police is now investigating the case.

41.1 did not collude with any Stanley Chibogu Ezenike to carry out any fraudulent act and I have never been involved in any fraudulent act whether as a student or as a lawyer.

42. The allegations against 24 Respondent have nothing to do with me and the facts contained in the Originating Application are not my deed. I am not privy to the facts/allegations contained therein.
43. In the course of my practice of law, I have never had any reason whatsoever to engage myself in any act that is unbecoming of a Legal Practitioner, neither have I done anything whatsoever to mutilate nor bring disrepute to the integrity of the Bar.
44. It would amount to the most serious injustice in the legal profession if the Applicant’s Application is granted against me as I know nothing about the issues the Applicant may have with any other person.
45. It will be in the interest of justice to dismiss this petition against me.
46. I swear to this Affidavit in good faith and in accordance with the Oaths Act.”

According to available documents, in the suit, Chief Henry Njoku, Mayor Ukweche and Aliyu Lameen, standing for themselves and on behalf of board of the trustees of ANLCA appeared as the plaintiffs. While the 1st to 16th defendants are: Iju Tony Nwabunike, Farinto Kayode Collins, Abdulazees Babatunde, Dennis Okwu, Uche Martins, Joshua Ahuama, Hajia Bola Muse etc appeared for themselves and on behalf of NECOM.

Eniola Igbaroola, Abel Ayokunle, Shamsideen AwopejuAwopeju, Ozor Chukwura, Kingsley Offor, Obi Azodo, Igwe Christian, Isa Aliyu, Afolabi Taiwo were documented as standing for themselves and the Board of Trustees.

The above charade did not only raise question mark about the competence and integrity of our judicial system, it has provided clue into other similar cases that may have suffered untold travesty of justice, with obviously, insiders’ connivance.

While it is unclear what the reaction of the Attorney General of the Federation (AGOF) and Minister of Justice, Abubakar Malami , including the National Judicial Council (NJC) will be, perhaps administrators of the judiciary system will take more than a passing interest in this matter, to serve as deterrence.

Meanwhile, our reporter heard from the grapevine that the latest developments followed a petition to the National Judicial Council (NJC) by the Alhaji Taiwo Mustapha authentic BoT to investigate the Abeokuta High Court judgment.

As the noose tightens on those giving the legal system a bad name, the supposed lawyer hired in the proceeding by the NECOM and Afolabi led BOT, Gbenga Akinde-Peters has distanced himself from the whole potpourri, alleging that his identity was stolen.