Ambassador Dele Cole Drags IGP To Court
In a bid to forestall incessant harassment and intimidation, a Nigerian ambassador, Mr. Patrick Dele Cole and two others, Chief Tope Kuyoro and Mr. Adedeji Odunsi, have slammed a N5 million suit on the Inspector-General of Police.
Others joined as co-respondents in the ensuing legal battle are the Commissioner of Police, Special Fraud Unit, Lagos and an Indian businessman and former associate of the applicants, Mr. Jack Sagrani.
In an affidavit sworn to and filed before a Federal High Court in Lagos, South West Nigeria, a deponent, Mr. Adedeji Odunsi, who claimed to be a director of a limited liability company, Saco Energy Services Limited, alleged that the company was established on 1 July, 2004.
The subscribers to the Memorandum and Articles of Association of Incorporation were Patrick Dele Cole with 140,000 shares and Sahara Energy Resources Limited with 60,000 shares, while the directors were Dele Cole and Adedeji Odunsi.
The witness to the signing of the Articles of Association was Mr. Jack Sagrani. The company commenced business and continued as a going concern until 12 February, 2010, when a resolution was passed, authorising voluntary winding up of Saco Energy Services Limited.
Pursuant to this, a liquidator was duly appointed in the person of Chief Tope Kuyoro.
On 27 July, 2010, an invitation was received by the directors of the company with respect to an allegation of fraud and stealing made by Mr. Jack Sagrani.
Upon receipt of the invitation, Mr. Adedeji Odunsi reported at the police station where he was confronted with a petition submitted by Mr. Sagrani, who Mr. Odunsi knew to be an associate of Mr. Dele Cole, who had assisted with specific aspects of the business of Saco Energy Services Limited.
In response to the petition, Mr. Odunsi stated that Mr. Sagrani was never a director or shareholder of the company.
Mr. Dele Cole was also invited by the police for questioning but he was very apprehensive that the respondent intended to, unless restrained by an order of the court, procure the arrest, detention, harassment, intimidation and general violation of their fundamental rights by the respondents and in the process, compelled the applicants to undertake to pay a sum of money not owed to Mr. Sagrani under duress.
However, in his counter affidavit, Sagrani, while denying almost all the averments of Mr. Odunsi, alleged that he was Executive Director of Saco Energy Services Limited and that he verily believed that the applicant’s application was deliberately calculated to impede and frustrate the police in the exercise of their duties and power conferred by Police Act Cap 359 Laws of the Federation, Criminal Procedure Act and the Constitution of the Federal Republic of Nigeria, 1999.
Mr. Sagrani alleged further that early 2004, he approached Ambassador Cole who, he claimed his late brother had known for many years and enquired if he would be interested in oil and gas business as he had the possibility of getting the distributorship of Oil and Gas Global Services for Nigeria.
Ambassador Dele Cole expressed interest but suggested that they should try and bring in Sahara Energy Resources Limited who was already in that type of business and that his son, Tonye, was a shareholder in that company.
Mr. Sagrani also alleged that at the inception, Mr. Dele Cole and Mr. Odunsi told him and he believed, that the solicitor to handle the incorporation of Saco Energy Services Limited was of the opinion that for convenience and to avoid delay, the subscribers and initial directors should be Chief Tope Kuyoro, to be represented by Mr. Odunsi and Mr. Dele Cole, while he will be appointed as director after the incorporation.
Consequently, with all the above assurances, he paid the cost of the incorporation and solicitor’s fee from his own pocket.
Therefore, the averment of Mr. Odunsi that he was neither a director nor a shareholder and that he was procured as agent cum consultant, are provocatively and offensively false in their entirety, as the deponent knew that all the affairs of Saco Energy Services Limited since inception have been run by him, as all records, accounts, cheques and orders were under his control as chief executive officer and director and not as consultant or agent as the deponent falsely deposed.
Mr. Sagrani averred that he has genuine cause to lay complaint to the police in that Saco Energy Services Limited went into voluntary liquidation on 12 February, 2010 and regardless of that, Mr. Dele Cole, in collusion with Mr. Odunsi, directly made the following withdrawals from the company’s bank account: N5 million and $49,342.71, while Mr. Odunsi withdrew, $21,146.87 leaving a balance of paltry $148.03 in the domiciliary account, which the liquidator is not forthcoming with information on the fate of the sum of N6,262,155.99 standing to the credit of the company in the naira account.
In addition, N21.3 million was set aside as provision against tax liability but up till the date of voluntary liquidation, there was no evidence of tax payment.
In view of the above, Mr. Sagrani averred that he is a director and shareholder of Saco Energy Services Limited and his claim from the applicants is N7,100,000 plus his expenses which remained unpaid in the sum of N1.7 million.
He therefore urged the court to refuse the reliefs sought by the applicants and dismiss the entire application for lack of merit and constituting an abuse of court process.
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