BARAZA Boss Petition EFCC, Demands Compliance with Court order, forfeit N20m damage award
By Our Correspondent
founder/ CEO of the BARAZA multipurpose Cooperative society, Arch. Dr. Oyinmiebi Bribena has petitioned the Economic and Financial Crimes Commission, EFCC, to as a matter of urgency, Comply with the Court Order, as he forfeit the payment of the 20 million damage awarded against the Commission.
Recall, on March 7th, 2020, Members of BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED, in their general meeting unanimously agreed to invest their contributions in the ONLINE FOREIGN EXCHANGE MARKET for which their Bye Laws were consequently modified to carry this objective by a unanimous decision of members.
BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED did invest in the Online Foreign Exchange Market as agreed and members were been paid dividends from profits accrued from the investments on a monthly basis based on the amount each member contributed.
However sometime in February, 2021, BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED encountered some troubles with their investment in the Online Foreign Exchange Market, which led to a significant loss in the investment of the capital contribution of members of the society. Upon the experience of the loss, the principal members of the society called for an emergency meeting where members of the society were intimated on the development and plans for recovery.
Immediately members were informed of the loss, there was panic and some members started looking for every means to recover their funds. Some members petitioned different security agencies, including the Economic and Financial Crimes Commission to assist them in recovering their contributions from Dr Miebi.
The matter has been in Court as EFCC also declared Dr Miebi and his wife wanted, the whole court case was determined against the EFCC in favour of Miebi yet the Commission has not Complied with the Court order.
In a lengthy petition through the Change.org platform and other one sent through DHL Courier service to the commission headquarters as sighted by Tarakirivoice today.
Read the full details of the petition,
“OUR REF.: BAJ/EFCC/001/2024
DATE: 20TH AUGUST, 2024
The Chairman,
Economic and Financial Crimes Commission
Plot 301/302,
Institution and Research Cadastral District
JABI, Abuja,
Nigeria
Sir,
1. RE: INTERIM FORFEITURE ORDER AGAINST PROPERTIES BELONGING TO ARCH. DR. OYINMIEBI BRIBENA, MRS. BEATRICE BRIBENA AND BLISS MULTINATIONAL PERFECTIONS LIMITED
2. RE: DECLARATION OR ARCH. DR. OYINMIEBI BRIBENA AND MRS. BEATRICE BRIBENA AS WANTED PERSONS
We are solicitors to Arch. Dr. Oyinmiebi Bribena and Mrs. Beatrice Bribena of No. 12 Samphino Road, Yenagoa, Bayelsa State and Bliss Multinational Perfections Limited of No. 1 Otiotio Junction, by Melford Okilo Road, Yenagoa, Bayelsa State (hereinafter referred to as our ‘Clients’) and we write at their behest with respect to the above subject.
On the 17th day of October 2019, Our Client along with 14 other persons formed a Co-operative Society known as BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED and registered same with the Bayelsa State Co-Operative Societies Board under Section 5 of the Nigeria Co-Operative Societies Act, 2004. The certificate of registration is attached to this letter. Upon registration the objectives of BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED were:
a. To engage in Thrift and Credit Operations;
b. To engage in arable and tree crops farming;
c. To engage in poultry farming;
d. To undertake simple processing and marketing of Co-Operative Farm Products,
e. To stock and distribute various kinds of farm inputs such as fertilizers and other farm chemicals to farmers;
f. To produce and distribute consumer commodities to consumers at reasonable prices; and
g. To carry out any activities designed on Co-Operative principles which will encourage the spirit and practice of Co-Operation among the members.
On the 7th day of March, 2020 Members of BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED, in their general meeting unanimously agreed to invest their contributions in the ONLINE FOREIGN EXCHANGE MARKET for which their Bye Laws was consequently modified to carry this object by a unanimous decision of members. BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED did invest in the Online Foreign Exchange Market as agreed and members were been paid dividends from profits accrued from the investments on a monthly basis based on the amount each member contributed.
However sometime in February, 2021 BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED encountered some troubles with their investment in the Online Foreign Exchange Market which led to a significant loss in the investment of the capital contribution of members of the society. Upon the experiencing of the loss, the principal members of the society called for an emergency meeting where members of the society were intimated on the development and plans for recovery was stated.
Immediately members were informed of the loss there was panic and some members started looking for every means to recover their funds. Some members petitioned different security agencies, including the Economic and Financial Crimes Commission to assist them in recovering their contributions from Our Client.
Due to several threats to life, Arch. Dr. Oyinmiebi Bribena made a formal report to the Department of State Services (DSS), Bayelsa State Command after which he left the country. It should be noted that our client never absconded with anybody’s money as he and the Co-operative Society, sometime on the 10th day of June, 2024 engaged the services of this law firm to represent them in all matters involving our client and the Co-Operative society and this law firm has hitherto actively engaged members of the Co-Operative Society with a view to resolving the disputes. This law firm has also represented the interest of our clients and the Co-Operative Society in Court.
As a result of the complaints to the Economic and Financial Crimes Commission seized properties linked to our Client including the property housing BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED, known as BLISS EMPORIUM, and situate at No. 1 Otiotio Road, Yenagoa, Bayelsa State marked EFCC UNDER INVESTIGATION, KEEP OFF, CER:7/313/2021. The said property was never gotten nor developed from the proceeds of any crime as the property belongs to Bliss Multinational Perfections Limited and was purchased sometime in the Year 2013 about seven years before BARAZA MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED came into existence.
The EFCC on the 8th day of June, 2022, went ahead to declare Arch. Dr. Oyinmiebi Bribena and Mrs. Beatrice Bribena as wanted persons on the national dailies and on its websie without first extending them the courtesy of inviting them to answer to any petition written against them and also went ahead to freeze and seize assets belonging to our Clients.
As a result of the above development of freezing and seizing the properties of our Clients without inviting them to answer to any petition and also considering the provisions of the law which governs the establishment and running of a Co-operative Society, which is the Nigerian Co-operative Societies Act, CAP C35, Laws of the Federation of Nigeria, 2004 and the Co-operative Societies Law of Bayelsa State, Cap C11, 2006 we instituted two actions at the Federal High Court, Yenagoa Judicial Division with details of the suits below:
1. FHC/YNG/CS/125/2022 BETWEEN BLISS MULTINATIONAL PERFECTIONS LIMITED & ARC. DR. OYINMIEBI BRIBENA V. ECONOMIC AND FINANCIAL CRIMES COMMISSION : The suit was commenced through an originating motion procedure wherein the Plaintiffs put some questions to the Court for the interpretation of some provisions of the Nigerian Co-operative Societies Act, CAP C35, Laws of the Federation of Nigeria, 2004 and the Co-operative Societies Law of Bayelsa State, Cap C11, 2006 and whether the Economic and Financial Crimes Commission can rightly assume jurisdiction over disputes arising from the business of the Co-Operative Society without the procedures in Nigerian Co-operative Societies Act, CAP C35, Laws of the Federation of Nigeria, 2004 and the Co-operative Societies Law of Bayelsa State, Cap C11, 2006 first being followed and met.
2. FHC/YNG/CF/132/2022 BETWEEN ARC. DR. OYINMIEBI BRIBENA & MRS. BEATRICE BRIBENA V. THE ECONOMIC AND FINANCIAL CRIMES COMMISSION & WILSON UWAJAREN: This was a fundamental rights procedure which was brought as a result of the commission’s declaration of the Applicants as wanted persons without a valid court order sought and gotten.
On the 22nd day of March, 2022 the above stated suits were determined in favour of our Client’s with damages of a total of NGN. 20,000,000.00 (Twenty Million Naira, Only) award against the Economic and Financial Crimes Commission (NGN. 10,000,000.00 awarded for each suit.
Sometime in May, 2024 the Economic and Financial Crimes Commission filed a Notice of Appeal with respect to only suit no. FHC/YNG/CF/132/2022 BETWEEN ARC. DR. OYINMIEBI BRIBENA & MRS. BEATRICE BRIBENA V. THE ECONOMIC AND FINANCIAL CRIMES COMMISSION & WILSON UWAJAREN at the registry of the Federal High Court, Yenagoa, Judicial Division but until now they have not compiled and transmitted the Records of Appeal and the three months period as provided by the Court of Appeal Rules, 2021 for compilation and transmission of records of Appeal has since elapsed.
Regarding suit no. FHC/YNG/CS/125/2022 BETWEEN BLISS MULTINATIONAL PERFECTIONS LIMITED & ARC. DR. OYINMIEBI BRIBENA V. ECONOMIC AND FINANCIAL CRIMES COMMISSION no Notice of Appeal was filed and as at today the constitutional period of appeal has since elapsed.
While no valid appeal has been lodged and entered with regard to FHC/YNG/CS/125/2022 BETWEEN BLISS MULTINATIONAL PERFECTIONS LIMITED & ARC. DR. OYINMIEBI BRIBENA V. ECONOMIC AND FINANCIAL CRIMES COMMISSION and FHC/YNG/CF/132/2022 BETWEEN ARC. DR. OYINMIEBI BRIBENA & MRS. BEATRICE BRIBENA V. THE ECONOMIC AND FINANCIAL CRIMES COMMISSION & WILSON UWAJAREN and there is NO PENDING STAY OF EXECUTION OF THE JUDGMENTS, it is surprising that your officers from your Port Harcourt Zonal office have continued to disobey the valid order of the Federal High Court and have continued to keep in their possession the properties the Court ordered them to release to our Clients and the names and pictures of Dr. Oyinmiebi Bribena and Mrs. Beatrice Bribena remains on your website as wanted persons.
Our Client has magnanimously instructed us Not to Pursue the NGN. 20,000,000.00 damages awarded in their favour against the Economic and Financial Crimes Commission as their desire is to continue assist in resolving the issues that has plagued BARAZA Multipurpose Co-Operative Society Limited since March, 2021 and the continued seizure of our Clients’ properties and declaration of them as wanted persons in clear violation and disobedience of a valid and subsisting order of Court will not help in resolving the issues.
It is in the light of the above narration that we humbly request that THE ORDER OF THE FEDERAL HIGH COURT IN FHC/YNG/CS/125/2022 BETWEEN BLISS MULTINATIONAL PERFECTIONS LIMITED & ARC. DR. OYINMIEBI BRIBENA V. ECONOMIC AND FINANCIAL CRIMES COMMISSION and FHC/YNG/CF/132/2022 BETWEEN ARC. DR. OYINMIEBI BRIBENA & MRS. BEATRICE BRIBENA V. THE ECONOMIC AND FINANCIAL CRIMES COMMISSION & WILSON UWAJAREN be complied with forthwith except for the total sum of NGN. 20,000,000.00 damages awarded which our Client has agreed to forfeit subject to the Commission’s compliance with the remaining part of the Order within Seven (7) days from the date of receipt of this letter and failure to comply with the valid order of Court we will be left with no order option than to seek every remedy available to our client under the law.
Find attached copies of the judgment of the Federal High Court and the enrolled orders in FHC/YNG/CS/125/2022 BETWEEN BLISS MULTINATIONAL PERFECTIONS LIMITED & ARC. DR. OYINMIEBI BRIBENA V. ECONOMIC AND FINANCIAL CRIMES COMMISSION and FHC/YNG/CF/132/2022 BETWEEN ARC. DR. OYINMIEBI BRIBENA & MRS. BEATRICE BRIBENA V. THE ECONOMIC AND FINANCIAL CRIMES COMMISSION & WILSON UWAJAREN.
While we anticipate a positive response from you please accept the assurances of our highest regards.
B. A. Joshua, Esq.
Principal Counsel”
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