Original Ikoyi Loot Whistleblower Goes To Court

BY ALIJO SYLVESTER, ABUJA – The payment of five percent commission to the original whistleblowers of the Ikoyi loot has continued to attract different arguments with a new dimensions seeing the petitioners headed for the Federal High Court, Abuja Division to seek justice.

This is just as the Minister of Finance and the Attorney General of the Federation (AGF), who were earlier served the petitions and appeals have remained silent over the matter in the face of the present administration’s fight against corruption.

In a suit No: FHC/ABJ/CS/1158/2017 dated November 22, 2017, the plaintiff through their lawyers, Hammart & Co at the Federal High Court, Abuja Division, are seeking the court declaration that the Federal Government of Nigeria represented by the Attorney General of the Federation and Federal Ministry of Finance, who are defendants in the suit and the Economic and Financial Crimes Commission (EFCC), Bala Usman Maina, Stephen Sunday and Mr Sherriff are bound to comply with the whistleblowers Executive Policy or whistleblowers Executive Order to pay 2.5% to 5% of whistle blowing fees or percentage as issued by the Federal Government of Nigeria.

The Plaintiff is also seeking a “declaration that the plaintiff, the 4th, 5th and 6th defendants actively participated and are instrumental to the whistleblowing or disclosure of information to the 1st defendant staff or officers which resulted to the 1st defendant’s recovery of the sums $43.4 million. N23.3 million and 27,800 Euros at Flat 7 Osborne Towers, Ikoyi, Lagos state.

The plaintiff is also seeking a mandatory injunction restraining the 2nd defendant by themselves, their agents, staff or officers from excluding or denying the plaintiff from payment of the 2.5 to 5% of the whistleblowing fees or percentage of the amount of the money recovered as a result of the whistleblowing or information disclosed by the plaintiff to the 1st defendant.   

The original whistle-blowers had earlier written the  Minister of Finance, Mrs Kemi Adeosun to stop the proposed payment to allow reasons prevail on the petition earlier written to the Attorney General of the Federation (AGF), over their alleged being shortchanged.

In a letter dated November 15, 2017 which was received by the office of the minister of Finance, the petitioners through their lawyers, Hammart and Co (Tafida Chambers), drew the attention of the minister of Finance to an earlier petition written to the AGF since September 2017 for which no action was taken adding that the silence of the top government officials run counter to the Buhari administration’s stance on corruption in all its ramifications.

The whistleblowers requested the minister of Finance to put on hold the earlier plan to pay the wrong whistleblowers until their complaints have been thoroughly investigated and justice done.

“It therefore, the brief of our clients that we request you to hold on payment of the whistleblowers’ fee/entitlement until our clients’ complaints is sorted out. That considering the vital role our client played in exposing the whereabouts of the recovered money, our client cannot be sidelined or denied his entitlement, doing so will amount to injustice to our client.”

In a petition to the Attorney General dated August 24, 2017, solicitors to the claimants, on behalf of Abdulmumin Musa, Mr Stephen Sunday and Mr Bala Usman told the AGF that his clients by the workings of the Economic and Financial Crimes Commission (EFCC), shortchanged the whistleblowers by bringing others who were not the arrowhead of the whistle blowing.

The solicitors noted that “Our clients informed us sometime in December 2016 that three (3) of them voluntarily walked into the office of the Economic and Financial Crimes Commission (EFCC), at 15A Awolowo Road Ikoyi, Lagos and gave vital information that led to the recovery of over N13 billion at the Ikoyi Towers, Lagos.”

The solicitors to the petitioners further told the AGF that; “upon subsequent visit to give a detailed information as required by the EFCC to raid the tower, they were told that if the operation was successful, five per cent of the amount recovered will be their take home within 72 hours of recovery, adding that they were also cautioned that if the information happened to be false, they will definitely be in trouble which the three petitioners accepted since they were sure of their facts.

“That when the operation was carried out, it was successful but since then they have not received any commendation by the commission, let alone given any reward as stated even though the EFCC has their names and phone numbers”.

The Petitioners said rather than to do the needful, some of the EFCC staff gave them further information that they were not the only people who gave them information on the Ikoyi Tower as others were also involved without mentioning them.

Upon various meetings by the three persons mentioned above, they agreed to go back and meet the Head of EFCC Operations, Alhaji Samaila Muhammed and were told on their visit that the numbers have increased to nine who made the report urging them to bring the remaining persons.