16th December, 2010
Contrary to the averment of a Lagos businessman, Chinedun Ezurumen and his company, Linear Oils Limited, in a fundamental right enforcement suit filed before a Federal High Court in Lagos, that another Lagos businessman, Tunde Adepoju, is using the Nigeria Police Force to violate his right, the defendant is urging the police to investigate the applicants for issuance of dud cheque.
In a counter affidavit sworn to by a lawyer, Temidayo Idowu and filed before the court by Barrister Wale Oduwale, the deponent averred that sometimes in October 2009, Chinedum Ezurumen and his company, Linear Oils Limited, entered into a dredging agreement with Mr. Tunde Adepoju and his company, Dynamic Energy and Marine Services Limited, involving the dredging of about 70,000 cubic metres of materials from the river bed from Badore Jetty under the terms and conditions that the company shall mobilise its dredger to site.
But prior this, Linear Oils Company was to make mobilisation payment and demobilisation fee of N3,500,000 to the company and the 50 per cent advance payment of the contract sum of N17,500,000 and the 50 per cent balance becomes payable upon achieving 35,000 cubic metres while the defendant company is to give advance payment guarantee to secure 50 per cent payment of the contract sum of N17,500,000.
Ezurumen was alleged to have issued two post-dated cheques of N3,500,000 as mobilisation fee with the understanding that he will pay the 50 per cent contract sum and consequently, the defendants commenced work.
Thereafter, the applicant issued two cheques in the sum of N17,500,000 which was dishonoured in the bank and all efforts by Mr. Adepoju to get Chinedun Ezurumen to honour his cheque proved abortive as he disappeared and could not be reached.
The defendants, who had relied heavily on the assurance of the applicants supported with the post-dated cheques, had incurred huge suppliers credit and loans to execute the contract.
However, sometimes in June 2010, it came to the notice of Mr. Adepoju that the applicant had received the sum in excess of N25 million, which was denied and the defendant then petitioned the Commissioner of Police, Special Fraud Unit, Milverton Street, Ikoyi, Lagos, to report the case of dud cheques, fraudulent conversion of money for personal use and obtaining services by false pretences against Chinedum Ezurumen.
It was as a result of the petition the applicant was invited by the police and in the course of their investigation, the police did not instigate him or else, he would possibly been arraigned before a competent court, but for the frivolous application to frustrate this matter.
The defendant then urged the court, in the interest of justice, to dismiss this application as it lacked merit.
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