ONE of the biological children of the General Overseer of the Redeemed Christian Church of God (RCCG), Pastor Enoch Adeboye, is presently enmeshed in an alleged Eight Billion, One Hundred and Eighty-Five Million, Fourteen Thousand, Three Hundred and Twenty Eight Naira, Ninety Five Kobo (N8,185,014,328.95) fraud and criminal diversion of public funds belonging to the Kaduna State government.
According to an operative of the Economic and Financial Crimes Commission (EFCC), Adeolu Adeboye and his company, Ronchess Global Resources Plc were alleged to have abandoned
the Wusasa to Danmagaji Nagoya Road project awarded by the Kaduna State government after collecting Eight Billion, One Hundred and Eighty-Five Million, Fourteen Thousand, Three Hundred and Twenty-Eight Naira, Ninety Five Kobo (N8,185,014,328.95 even though the level of completion of work is 30%.
Adeolu, having secured the said contract through Ronchess Global Resources Plc during the administration of former Governor Nasir El-Rufai was alleged to have been evading accountability for the diverted funds and unfinished project.
A Kaduna State House of Assembly committee inspected the project site situated in Kaduna North Local Government Area on 16 May 2024 at 4:47 pm. The committee reportedly found the site abandoned by Ronchess Global Resources Plc, majorly owned by Adeolu Adeboye. The project is an 8km road in Zaria. Though Eight Billion, One Hundred and Eighty-Five Million, Fourteen Thousand, Three Hundred and Twenty-Eight Naira, Ninety Five Kobo (N8,185,014,328.95 had been paid for the project, the job was only 30 per cent completed before being abandoned by the cleric’s son and his company.
The period of contract was 18 months and the expected completion date was 2nd January 2021. It was further gathered that when the contract was awarded to Ronchess Global Resources Plc on 15 September 2020, the initial contract sum was N8.74 billion, which was revised on 6 December 2022 to the sum of N17.26 billion.
Mohammed Arabo, in a counter-affidavit deposed to on 14 August 2024 at the Federal High Court Registry, Ikoyi, in response to a fundamental rights enforcement suit filed by Adeolu Adeboye against the EFCC, the Inspector-General of Police, Assistant Inspector-Genwral of Police, Lagos State Commissioner of Police, Kaduna State government and Kaduna State House of Assembly, averred that the decision by the younger Adebaye to institute the fundamental right action is aimed at shielding himself from possible culpability.
Arabo’s counter-affidavit was in response to the affidavit of one Adebosin Temitope filed in support of the Applicant’s (Adeolu Adeboye) originating motion together with exhibits attached.
Arabo identified himself as a member of the team set up by the 1st Respondent (EFCC) to investigate a petition addressed to the Commission. He further deposed that the “Applicant’s company, Ronchess Global Resources Plc abandoned the jobs even though the level of completion is 30%”.
Arabo confirmed that the “Applicant’s company, Ronchess Global Resources Plc has collected a sum of N8,185,014,328.95 (Eight Billion, One Hundred and Eighty-Five Million, Fourteen Thousand, Three Hundred and Twenty Eight Naira, Ninety Five Kobo) even though the level of completion of the jobs is only 30% (thirty per cent)”.
He said, “In line with the practice of the 1st Respondent (EFCC), we sent invitation letters to the aforementioned contractors, including the Applicant, to enable them to react to the allegations made against them by the 6th Respondent (Kadina State House of Assembly).”
Arabo further averred that: “I am an Operative of the 1 Respondent and I work alongside some of my other colleagues in the investigation department of the 1 Respondent.
“By virtue of my position, I am familiar with the facts of this case and my depositions.
“I have the consent of my employer, the 1st Respondent to make this oath.
“I have seen and read the affidavit of Adebosin Temitope in support of the Applicant’s Originating Motion together with exhibits attached and I know as a fact that are not true.
“The 1st Respondent received a petition dated 10th June 2024 from the 6th Respondent, Kaduna State House of Assembly. Attached herewith and marked Exhibit EFCC is a copy of the petition.
“The 1st Respondent invited 35 contractors indicted by the 6th Respondent. 16 Contractors reported and made statements to the 1st Respondent’s team while 9 others have requested to report at a later day.
“The Applicant is one of the 10 other contractors that rushed to this Honourable Court for judicial cover from investigation.”
The EFCC maintains that after a critical analysis of the petition and interaction with the principal officers of the 6th Respondent (Kaduna State House of Assembly), it “found evidence of fraud and criminal diversion of public funds against the Applicant (Adeolu Adeboye) and 26 other contractors”.
Following the Kaduna State government and House of Assembly’s probe into the alleged fraud, the cleric’s son filed a suit (FHC/L/CS/1206/24) at a Federal High Court in Lagos. Adeolu is seeking an injunction restraining the EFCC, Kaduna State government, and the House of Assembly from arresting or detaining him over the abandoned N17.26 billion project.
Meanwhile, following the hearing of a Motion Ex Parte filed by the cleric’s son, Justice K. O. Ogundare of a Federal High Court sitting in Lagos granted an interim order restraining the 1, 2, 3 and 4h Respondents whether by themselves, their servants, officers or agents from taking any further step(s) in competing the Applicant, either by the scheduled mentioned July 2024 or any other meeting subsequently convened by the 1st. 4t and 5th, 6h Respondents in respect of the contracts awarded to Ronchess Global Resources Plc. which are presently subject of a pending civil action filed at the Kaduna State High Court.
The court also granted the following:
“That an Interim Order is hereby granted to the Applicant restraining the Respondents from taking any or further steps in relation to the subject matter of this fundamental right action and issues canvassed therein, pending the hearing and final determination of the Applicant’s Motion on Notice for Interlocutory Injunction filed herein.
“That the Applicant shall file an undertaking as to damages within seven (7) days. That this Order and the Motion on Notice shall be served on the Respondents within seven (7) days. That this case is adjourned to 20/9/2024, for hearing of the Motion on Notice.”
Meanwhile, before the court ruling, counsel to the EFCC, Mr Femi Falana (SAN), leading Mrs Funmi Falana (SAN), and Chukwuma Onwuemene Esq., had lamented the tendency and temptation to “misuse the Fundamental Right (Enforcement Procedure) Rules randomly by the desire of legal practitioners to elevate the profile of their claim and sentimentally try to pressure up the court to have an early audience have always manifested in our courts”.
According to Mr Falana, one of the issues for determination was whether the High Court has the jurisdiction to hear and determine the Applicant’s case when the allegations of breach of fundamental rights do not constitute the principal claims.
Falana argued that the question to be “resolved is whether the applicant’s claim falls within the type that is enforceable as an infraction of a fundamental right”.
The EFCC’s counsel argued further: “The position of the law is that for a claim to qualify as falling under fundamental rights, it must be clear that the principal relief sought is for the enforcement or for securing the enforcement of a fundamental right and not, from the nature of the claim, to redress a grievance that is ancillary to the principal relief which itself is not ipso facto a claim for the enforcement of a fundamental right.”
Falana noted that “significantly, the claim of any breach is not like a magic wand which can be waved in the face of every claim and turn on the engine of enforcement of a right that may not be constitutional”.
Adeolu’s legal team led by Ebun-Olu Adegboruwa (SAN), also had Adedoyin Adesoji Esq., Oluwatosin Adesioye Esq., Omia Ejewentotor Esq., Ayorinde Ogundeji Esq., Emmanuel Omohavwa Esq., Percious Chukwu Esq., and Hannah Ayanwale Esq., all of Ebun-Olu Adegboruwa SAN & Company.
Eighteen-Eleven Media