Timothy Omobude 
As a prelude to getting justice in the fraud case instituted by a Chinese national, Miss Wen Lin through her counsel, B.A. Iluobe Esq, against one Kester Ugo and others, the presiding judge of the Federal High Court 1, Benin Judicial division, Hon. Justice B.O Quadri on Tuesday, November 19 2024, granted leave to apply for an order of mandamus through motion ex-parte filed with a statement pursuant to order 34 rule 3(2) (a) of the Federal High Court (Civil Procedure) rules, 2019 and a 26 paragraph supporting affidavit on the 27th day of September 2024 by B.A. Iluobe Esq against the Benin Zonal Office of the Economic and Financial Crime Commission, EFCC.
The leave for an order of mandamus was said to have compelled the EFCC to exercise legal duty to arrest and carry out thorough, independent, prompt, impartial, competent and comprehensive investigations into alleged case of Advance Fee Fraud by the suspects, Kester Ugo and others as contained in a petition dated 28th day of August 2024.
In the suit no FHC/B/CS/83/2024, The Executive Chairman, EFCC, AG director, EFCC and the Attorney General and Honourable Minister of Justice, were joined as defendants/ respondents.
Addressing the court, B.A.Iluobe Esq, submitted that the EFCC has perverted justice in a fraud case, especially when it became apparent that the fraud kingpin, Kester Ugo, was arrested by EFCC officials vide a petition to that effect without his cohorts when he was lured into the hotel room of the Chinese national who smartly invited EFCC officials to carry out arrest in him.
Iluobe Esq averred that the said Kester Ugo was adequately released on bail by EFCC officials without carrying out comprehensive, competent and diligent investigations to unravel the circumstances leading to defrauding his client of the sum of N1.2Billion (One Billion, Two Hundred Million Naira) only, by the fraudsters.
He noted that the EFCC officials demanded for evidences vis a vis statement of accounts and receipts of transferring the sum to the fraudsters which his client submitted to them and that the EFCC officials never took the case seriously.
The plaintiff/applicant counsel while addressing further, queried the balance sum in the suspect’s account which the EFCC couldn’t provide a cogent answer to hence, he suspected a foul play in handling such a sensitive fraud case, pointing out that his client, being a Chinese national, was a military officer who was sacked prematurely due to her overbearing involvement with the suspect whom she met online sometime 2017, insisting she also lost her valuable properties which she legitimately acquired in her country to the process of fraud.
B.A Iluobe Esq, who prayed for the court to exercise its maximum discretion to x-ray the circumstances and grant the order, added that his client had limited time to spend here in this country and that she had become financially frustrated with this fraudulent practices against her.
Meanwhile, giving his merciful but intellectually tailored ruling on the application, the trial judge, Hon. Justice B.O Quadri, duly granted the leave to apply for an order of mandamus against EFCC and the case was adjourned to 28th November 2024.
