Justice Mohammed Yunusa of the Federal High Court in Lagos has fixed January 27 to hear the arguments or possible report on an amicable settlement of the case filed by the Managing Director of Biowish TM Africa Limited, Mr. Jim Daniels-Nnah, against the police.
Justice Yunusa had in December granted an ex-parte in favour of Daniels-Nnah to enforce his fundamental human rights.
In the order, the ordered the parties in the suit to maintain status quo or stay all actions pending the determination of the suit.
The case started when Environ Aid Technologies and Enercon petitioned the Inspector General of Police and the Commissioner of Police (Special Fraud Unit) on October 11 and December 29, 2013 respectively, stating that Daniels-Nnah had allegedly fraudulently obtained the sum of $350,000 from the company under the guise of supplying the respondents various chemicals for environmental remediation from Biowish Inc in the United States of America (USA).
The petitions explained that between September 2012 and December 2013, the Environ-Aid Technologies transferred the sum of $350,000 in two tranches of $150,000 and a last tranche of $50,000 on October 16, 2012, November 6, 2012 and December 14, 2012 respectively to Biowish TM Africa represented by Mr. Jim Daniels on bank account number 2531597594, BBVA Compass Bank, Houston, Texas as payment for the supply of chemicals for environmental remediation, which have not been supplied till date.
But while the police launched an investigation into the case, Daniels-Nnah rushed to allegedly stop his arrest.
However, after listening to submissions of counsel representing all the parties in the matter, the judge ordered them to return to court on January 27 to brief him on the next line of action.
While addressing the court, Mr. Frank Emerho, counsel to the Inspector-General of Police, Commissioner of Police (Special Fraud Unit), Lawrence Onwuka, an Assistant Commissioner of Police (ACP), said he had filed a motion for the extension of time, which had been served to the applicants and noted that he was ready to return to court on the January 27 to tell his side of the story.
During the hearing, Justice Yunusa asked if there was no longer a possibility of settlement of the case and Nkwocha C.U, counsel representing Daniels-Nnah, said all the parties had been served with the motion ex-parte, which was obtained on December 24, 2013.
He added that he and his client had not been able to meet with he respondents to discuss and settle the outstanding issue.
The police counsel, Emerhor, however vehemently distanced himself from the statements of Nkwocha to the effect that steps were being taken to dialogue and settle the matter, stating that it was Daniels-Nnah and Nkwocha that charged the police to court while they were trying to carry out their constitutional responsibility of investigating allegation of fraud levelled against the applicants.
Corroborating the position of the police counsel, counsel to the other respondents, Environ-Aid Technologies Limited and Enercon Nigeria Limited, Mrs. C.E Ikebuasi, said her clients had petitioned the police over an alleged fraud to the tune of $350,000 perpetuated by Mr. Daniels-Nnah and instead of allowing the police to carry out their investigation to ascertain the veracity of the petition or otherwise, he dragged the respondents to court.
"My lord, what the counsel for the applicants said is not the true state of things. He served us and we intend to react to the application."