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PRESS STATEMENT- JUNE 2023 JUDGEMENT AGAINST THE ECONOMIC AND FINANCIAL CRIMES COMMISSION FOR ILLEGALLY FREEZING OUR ACCOUNTS AND WITHOUT OBEYING COURT ORDER SINCE 2013 AND CONTINUAL INTIMIDATION. 1.Gentlemen of the Press and members of the public, you are all welcome to this press conference organized to update all my clients and the general public on the recent judgement against the EFCC and the IG of Police for their refusal to obey an earlier court order to unfreeze all our accounts since 2013. 2. Let me start by tendering my sincere apology to all my esteemed clients who have suffered untold hardship without any fault of theirs. In particular, I sympathize with those who did not benefit before our 12 corporate bank accounts were frozen illegally by the EFCC. The EFCC, taking law into their hands is nothing but shameful. It is not my desire that any of my clients should suffer any misfortune. 3.We are already in court and we have made public our demands to address the illegality on this issue especially on the illegality of the directive by the EFCC to freeze our business and personal accounts and worse still refusing to obey a valid court judgement which was given in our favour since 2013, mandating the EFCC and the Nigeria Police Force to unfreeze our bank accounts in the then Diamond bank(now Access Bank) which the court saw as a breach/violation of the Fundamental Right of people to ownership of immovable property as guaranteed under Section 44 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The good news is that all pending issues will soon be resolved and restrictions will be lifted as the Abuja division of the Federal High Court has given us permission to file a suit compelling the Economic and Financial Crimes Commission(EFCC), its Chairman, Abdulrasheed Bawa and the Inspector General of Police to comply with the judgment of the court in suit No FHC/ABJ/CR/77/2018. 4. I am issuing this press conference because there are strong indications that very soon we shall compel the EFCC and the Nigeria Police to unfreeze all our accounts as the judge in the last court judgement queried the actions of the police and the EFCC for freezing bank accounts of law abiding Nigerians who are just carrying out their business without breaking any known law. 5.During the last court sitting, the EFCC came with a team of Senior Advocates of Nigeria(SANs) but that did not save them as the judge was visibly angry over their actions. Our lawyers had the greater part of the show which means God is with us. 6. At this point, I enjoin you to continue to pray until we get our desired result within the shortest possible time. 7. Please let it be known that most of your investment capitals were trapped through illegal and undue freezing of our corporate bank accounts and other business partner bank accounts on several occasions and that is why I had challenges meeting up my obligations to you. 8. Despite the difficult situation I find myself, I am still very passionate about fulfilling all the commitments I have made with you my esteemed clients. All pending liabilities will be paid as I am making effort in that direction. 9. I solicit for your kind support in whatever form you can so that our Cashflow ABI Limited accounts and all other accounts will be unfrozen very soon which will be the first step to resolving all other issues. Thank You. Dr. Philemon Gora 11th June 2023 |
EFCC DISGRACED AS KNOCKS AND CRITICISMS FOLLOW THE CONTINUAL HARASSMENT AND INTIMIDATION OF DR. GORA AS COURT JUDGEMENT RUDICULES EFCC Based on the judgement of the Abuja division of the Federal High Court giving permission to Dr. Philemon Gora and his company Cashflow Abi Network permission to file a suit compelling the Economic and Financial Crimes Commission(EFCC), its Chairman, Abdulrasheed Bawa and the Inspector General of Police to comply with the judgment of the court in suit No FHC/ABJ/CR/77/2018, there have been several knocks and criticisms on the operations of the EFCC and the Nigerian Police Force on the way they intimidate ordinary citizens and their businesses. Amb. Dr. Philemon Ibrahim Gora, who is an online trader, consultant, financial expert analyst and technologist has had his fundamental human rights violated on several occasions by the EFCC and the Nigeria Police Force. Specifically, the incessant harassments by the EFCC through negative media publications, denigrating and degrading of his person as a fraudster is a violation of his rights under Section 37 of the 1999 Constitution of Nigeria. Also, the indiscriminate freezing of his bank accounts and that of his relatives (father, sister, in-law) by EFCC, under the guise of investigation of proceeds of fraud, without any invitation or interrogation of the account owners is a violation of his rights to own property and to fair hearing guaranteed under Sections 44 and 36(1) of the 1999 Constitution. Worse still the incessant illegal harassment, intimidation, my illegal detention currently by the EFCC is a violation of his fundamental human right to freedom guaranteed under the Constitution of the Federal Republic of Nigeria 1999 (as amended). As a law-abiding citizen, Gora, who is the Chief Executive Officer of Time Microfinance Bank and five other companies duly registered in Nigeria. So, Dr. Philemon is wondering what could warrant government agencies to question his source of wealth while he does all his businesses within the ambient of the law. The whole saga started when the EFCC froze the his personal and corporate accounts on 27th July 2012 without court order. By law, Cashflow ABI Network Ltd has been registered since 2011 with the CAC (RC No: 948124) having its headquarters in No: 21 Apollo Crescent, Jos, Plateau state with physical branch offices in kaduna, Lafia, Owerri, Enugu, Lagos , Ibadan, Abakiliki, Gombe, kano, Uyo, sokoto, Ilorin, Ibadan, Oshogbo, Kaura Namoda, Abuja, Kafanchan and kebbi. We could recall that Security and Exchange Commission (SEC) had filed a petition to the Inspector General of Police (IG-P) and the Economic Financial and Crimes Commission (EFCC) to investigate the business activities of Cashflowabi Network Ltd. and its Chairman Philemon Gora for allegedly running an illegal financial institution. At the time of branding the business activities of Cashflowabi as illegal, it had already applied to Security and Exchange Commission (SEC) as funds portfolio manager and investment adviser but yet to receive an official final licence which took sometimes due to government bureaucratic process. With this notice, the EFCC swung into action and directed all corporate bank accounts of Cashflow ABI Network Ltd and personal bank accounts of its Chairman, Philemon Gora to be frozen with the all the depositors /investors funds trapped. This prompted Cashflow ABI and its Chairman, Dr. Philemon to institute a case in court in suit N0: FHC/ABJ/CS/7/2013 against EFCC and the Inspector General of Police. A judgement was made in the above suit mandating the applicants (Cashflow ABI Network Ltd and Philemon Gora) and the defendants (the EFCC and the IG of Police) to setup a committee with the purpose of unfreezing the accounts of the applicants and refunds of deposits to clients/investors of Cashflow ABI Network Limited. The court based its judgement on the overriding interest of the public and not less than 60,000 poor investors who are mainly peasants investing their life serving in the scheme. The court also understood the social and security breaches that may ensue should such investors loose their investments. The defendants (the EFCC and the Nigeria Police Force) did not care to implement the court order for years. However, after so many years of refusal to implement the court order, which led to Dr. Gora and several staff Cashflow suffering damages, intimidation, physical abuse and threat to life by aggrieved investors of the scheme. It is also on record that a Federal High Court had also on 1st March 2013 given a restraining order to SEC, EFCC and the Nigeria Police Force not to molest or intimidate Philemon Gora and his software company from carrying out their legitimate business. That order has not been vacated till date. Instead, the EFCC and the Nigeria police Force have continued, day in day out to illegally arrest, detain, intimidate and frozen personal accounts of people related to Mr. Gora without any valid court orders. This is what has prompted him to institute this fundamental human rights suit against the EFCC, with other respondents. The respondents jointly and severally should be ordered by the court to pay the applicant the total sum of 5 Billion Naira damage for violating the fundamental human rights of the applicant and for subjecting him to inhuman treatments during several illegal arrests and detentions. In the month of June 2023, on another the case brought by Dr. Gora and Cashflow ABI Limited against the EFCC, Justice Ahmed Mohammed granted leave to the applicants to apply for an Order of Mandamus compelling or mandating the Respondents to withdraw and or discontinue charge Nos. FHC/ABJ/CR/77/2018: FRN vs Philemon Ibrahim Gora & Anor and FCT/HC/CR/203/2018: FRN vs Philemon Ibrahim Gora & 2 Ors in that the aforesaid charges were instituted in contravention of paragraph 14 of the Terms of Settlement adopted as Judgment of this court delivered on 12th July 2013 in Suit No. FHC/ABJ/CS/7/2013 aforesaid. In addition, the court further granted leave to the Applicants to apply for an Order of perpetual injunction pursuant to paragraph 14 of the Terms of Settlement adopted as Judgment of this Court on 12th July 2013 restraining the Respondents their officers, servant, agents and any other person deriving authority from the Respondents from trying, continuing the trial, arresting, detaining or prosecuting the Applicants in charge Nos. FHC/ABJ/CR/77/2018 and FCT/HC/CR/203/2018 and other matters related to the aforesaid charges. Justice Mohammed granted the request after listening to counsel to the applicants, Chief Solomon Akuma who moved a motion exparte brought pursuant to section 14 of the Federal High Court Act, order 28 rules 1 and 2 and order 34 rules 1, 2 and 3 of the Federal High Court (Civil Procedure) rules 2019. Ruling on the exparte motion marked FHC/ABJ/CV/644/2023, Justice Mohammed held; After listening to counsel to the applicants and the accompanying processes attached to the application, Iam satisfied that the applicants have made a good case against the respondents. The application is hereby granted as prayed. The court has however ordered that hearing notice be issued to the respondents before the hearing date fixed for June 20, 2023. Dr Gora had in an affidavit sworn at the Federal High Court, alleged conspiracy between Economic Financial Crimes Commission (EFCC) and banks on the Court judgment obtained by the company on the case instituted against the agency, banks and the Nigerian Police to fully unfreeze the account. By law, Cashflow Abi Network Ltd was registered since 2011 with CAC and having its headquarters in No 21 Apollo Crescent, Jos, Plateau State with physical branch offices in several states of the federation. The same company had applied to Security and Exchange Commission (SEC) as funds portfolio manager and investment adviser. Sometime ago the SEC had filed a petition to the Inspector General of Police (IG-P) and the Economic Financial and Crimes Commission (EFCC) to investigate the business activities of Cashflow ABI Network Ltd and its chairman, Gora for allegedly running an illegal financial institution. EFCC directed all corporate bank accounts of Cashflow Abi Ltd and that of its chairman to be frozen with all depositors /investors’ funds trapped. Cashflow and its chairman, Philemon Gora, then instituted a case in court in suit N0: FHC/ABJ/CS/7/2013 against EFCC and the IG-Police. A judgment was made in the above suit mandating the applicants (Cash Flow ABI Network Ltd and Philemon Gora) and the defendants (the EFCC and the IG-P) to set up a committee with the purpose of unfreezing the accounts of the applicants and refunds of deposits to clients/investors of Cash Flow Abi Network Limited. The court based its judgment on the overriding interest of the public and the poor investors whom were mainly peasants investing their lifesavings in the scheme. The court also understood the social and security breaches that may ensue should such investors lose their investments. The executive directors confirmed that there is enough money in the frozen banks accounts to pay the clients of Cash Flow Abi Network Ltd. |
A Federal High Court sitting in Abuja, has barred the Economic and Financial Crimes Commission (EFCC) from continual intimidation of the Chief Executive Officer of Cashflow ABI Limited until it (the EFCC) obeys the earlier judgment given in favour of Dr. Philemon Gora and Cashflow ABI Limited on the case (suit N0: FHC/ABJ/CS/7/2013) filed by Dr. Gora and Cashflow ABI Network Ltd in 2013 of which the EFCC and the Nigeria Police Force have refused to obey the order of the court by unfreezing the accounts where investments of N12,000,000,000.00 (Twelve Billion Naira) of 60,000 clients have been trapped for years now. It is this disobedience by the EFCC and the Nigeria Police Force to obey an earlier judgement, another Abuja division of the Federal High Court has granted permission to, Cashflow Abi Network and its CEO, Dr Philemon Ibrahim Gora, to file a suit compelling the Economic and Financial Crimes Commission(EFCC), its Chairman, Abdulrasheed Bawa and the Inspector General of Police to comply with the judgment of the court in another suit No FHC/ABJ/CR/77/2018. Justice Ahmed Mohammed equally granted leave to the applicants to apply for an Order of Mandamus compelling or mandating the Respondents to withdraw and or discontinue charge Nos. FHC/ABJ/CR/77/2018: FRN vs Philemon Ibrahim Gora & Anor and FCT/HC/CR/203/2018: FRN vs Philemon Ibrahim Gora & 2 Ors in that the aforesaid charges were instituted in contravention of paragraph 14 of the Terms of Settlement adopted as Judgment of this court delivered on 12th July 2013 in Suit No. FHC/ABJ/CS/7/2013 aforesaid. In addition, the court further granted leave to the Applicants to apply for an Order of perpetual injunction pursuant to paragraph 14 of the Terms of Settlement adopted as Judgment of this Court on 12th July 2013 restraining the Respondents their officers, servant, agents and any other person deriving authority from the Respondents from trying, continuing the trial, arresting, detaining or prosecuting the Applicants in charge Nos. FHC/ABJ/CR/77/2018 and FCT/HC/CR/203/2018 and other matters related to the aforesaid charges. Justice Mohammed granted the request after listening to counsel to the applicants, Chief Solomon Akuma who moved a motion exparte brought pursuant to section 14 of the Federal High Court Act, order 28 rules 1 and 2 and order 34 rules 1, 2 and 3 of the Federal High Court (Civil Procedure) rules 2019. Ruling on the exparte motion marked FHC/ABJ/CV/644/2023, Justice Mohammed held; After listening to counsel to the applicants and the accompanying processes attached to the application, Iam satisfied that the applicants have made a good case against the respondents. The application is hereby granted as prayed. The court has however ordered that hearing notice be issued to the respondents before the hearing date fixed for June 20, 2023. Dr Gora had in an affidavit sworn at the Federal High Court, alleged conspiracy between Economic Financial Crimes Commission (EFCC) and banks on the Court judgment obtained by the company on the case instituted against the agency, banks and the Nigerian Police to fully unfreeze the account. By law, Cashflow Abi Network Ltd was registered since 2011 with CAC and having its headquarters in No 21 Apollo Crescent, Jos, Plateau State with physical branch offices in several states of the federation. The same company had applied to Security and Exchange Commission (SEC) as funds portfolio manager and investment adviser. Sometime ago the SEC had filed a petition to the Inspector General of Police (IG-P) and the Economic Financial and Crimes Commission (EFCC) to investigate the business activities of Cashflow ABI Network Ltd and its chairman, Gora for allegedly running an illegal financial institution. EFCC directed all corporate bank accounts of Cashflow Abi Ltd and that of its chairman to be frozen with all depositors /investors’ funds trapped. Cashflow and its chairman, Philemon Gora, then instituted a case in court in suit N0: FHC/ABJ/CS/7/2013 against EFCC and the IG-Police. A judgment was made in the above suit mandating the applicants (Cash Flow ABI Network Ltd and Philemon Gora) and the defendants (the EFCC and the IG-P) to set up a committee with the purpose of unfreezing the accounts of the applicants and refunds of deposits to clients/investors of Cash Flow Abi Network Limited. The court based its judgment on the overriding interest of the public and the poor investors whom were mainly peasants investing their life savings in the scheme. The court also understood the social and security breaches that may ensue should such investors lose their investments. The executive directors confirmed that there is enough money in the frozen banks accounts to pay the clients of Cash Flow Abi Network Ltd. |
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