Alleged N785m fraud: Court vacates arrest order against Imo deputy speaker

Justice Inyang Ekwo of the Federal High Court, Abuja, on Thursday, set aside his order directing the Economic and Financial Crimes Commission (EFCC) to arrest the Deputy Speaker of Imo State House of Assembly, Amarachi Iwuanyawu, over his alleged involvement in N785 million fraud.

The judge had on November 25 last year issued a warrant of arrest against the deputy speaker following an ex-parte application filed by the Economic and Financial Crimes Commission (EFCC).

In the ex-parte application argued by its counsel, Olarewaju Adeola, the EFCC alleged that Iwuanyawu, an estate developer, entered into an agreement with another company, Hokiz Investment Limited, to build 14 units of a four-bedroom terrace and one block of six flats on the company’s land at Mabushi area of Abuja in 2012.

The commission added that the deputy speaker breached the sharing agreement after the completion of the project by selling the buildings without the knowledge of the company.

In his ruling, the judge ordered the EFCC to arrest Iwuanyawu and detain him till February 23 when he is expected to be in court.

However, at Thursday’s proceeding, Justice Ekwo held that the EFCC deliberately suppressed and concealed facts about the matter in order to obtain the November 25, 2022 order for an arrest warrant against Iwuanyawu.

READ ALSO: Court orders Imo deputy speaker’s arrest for alleged N785m fraud

He added that the commission failed to disclose in its affidavit in support of the motion ex-parte filed to obtain the order that there was a pending suit at the Federal Capital Territory (FCT) High Court between the defendant and the petitioner.

Ekwo said: “The facts in the ex-parte motion are the same as the facts in the suit number: CV/356/2021 between Hakiz Investment Limited V. Sun Gold Estate Limited and two others now pending before the High Court of FCT in Exhibits B and C.

“It is also pertinent to state that good faith is foundational in every application brought for any order ex parte. Going by the facts of this case, it has not been brought in good faith.

“The evidence before me shows that the applicant/respondent (EFCC) was being teleguided by the writer of the petition upon which the applicant/respondent purports to be acting on.”

Justice Ekwo, who held that the commission had no business getting enmeshed in such a matter, said the entire proceeding leading to the ex-parte order ought to be dismissed.

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