The Managing Director of ANDREW BISHOPTON NIG LIMITED, Jackie Ikeotuonye, has petitioned the Inspector-General of Police, Usman Baba, over an alleged threat to her life and those of her family by the powers that be, in Ebonyi State.
The State Government engaged the company in 2015 to pursue and recover excess deductions on foreign and local loan facilities and other hanging funds especially the Paris club refund, on its behalf.
She said her life became threatened after the state government reneged on the contract terms it had with the consulting firm, refused to pay the agreed 25% commission; abruptly terminated the contract and when she approached the Court to seek redress. The development led to her arrest and detention, in August 2022.
She stated this in a petition she made available to journalists, in Abakaliki, on Thursday.
In the petition, which was written by her solicitors, HENRY CHUKWUDI & CO. and titled, "COMPLAINT OF THREAT TO LIFE, INTIMIDATION, CONSPIRACY, BREACH OF TRUST, ABUSE OF POWERS AND USING THE NIGERIA POLICE AS INSTRUMENT OF COERCION, HARASSMENT AND ABDUCTION BY THE EXECUTIVE GOVERNOR OF EBONYI STATE AND EBONYI STATE GOVERNMENT AGAINST OUR CLIENTS, DR. JACKIE IKEOTUONYE AND ANDREW BISHOPTON LIMITED, she called on the police authority to swing into action to unravel the circumstances that led to her initial arrest and detention, in August, this year.
The petition reads, "We are solicitors to Dr Jackie Ikeotuonye and Andrew Bishopton Limited; (hereinafter referred to as our clients) and on whose firm and unequivocal instructions we make the following representations.
"It is our brief that Andrew Bishopton Limited, which is herein referred to as ‘THE COMPANY” was duly incorporated in Nigeria with the Corporate Affairs Commission in 2008 by the law.
"The said company was appointed by the Ebonyi State government as a consultant to recover excess deductions/charges on foreign/local loan facilities and other hanging funds on behalf of Ebonyi State via a letter dated 6th Oct 2015 and signed by the then Commissioner for Finance and Economic Development, Dr Dennis Ude Ekumankama.
"The said letter of appointment is herewith attached as annexure 001 for your ease of reference.
"This appointment was followed by a Consultancy services agreement signed between the Ebonyi State Government and THE COMPANY on the 17th day of November 2015 wherein it was stated that the State would pay the company 25% of any sum reconciled, recovered and paid into the account of the State by the Federal Government.
"The said letter is herewith attached as annexure 002 for your ease of reference.
"The State government went further to introduce THE COMPANY to the relevant government agencies CBN, DMO and Ministry of Finance as contained in the agreement to enable our clients to have access to the relevant departments and information during the assignment.
"The said letter of introduction is herewith attached as annexure 003 for your ease of reference.
"The assignment commenced in earnest, without any form of financial mobilization or upfront payment from Ebonyi State government. During the first meeting, with the Ebonyi State government, the Executive Governor made it clear directly and also through his Commissioner for Finance that he was not going to mobilize the company for the job and also that the company will be paid the agreed sum of 25% from the money reconciled, recovered and paid into the agreed State Government account.
"Our clients had to seek other avenues to finance the assignment. And this led to the joint partnership with Dr Mauruis Ibe of Mauritz Walton Nigeria Limited who bore the bulk of the expenses incurred during the assignment. As the assignment progressed, reports were submitted to the state. (Attached as Assignment Update Report)
"After the assignment, the Company sent another letter dated February 9th 2016 to the Debt Management Office to update them on the progress of work done and the outcome of the work done on behalf of Ebonyi State. (Letter to DMO).
"Meanwhile, on completion of the assignment, the Governor of Ebonyi State sent in two demand letters to the Hon Minister of Finance for the repatriation of the reconciled amount of $119, 419,427.59 being over deductions on the account of Ebonyi State Government Foreign loans service.
The said letter is herewith attached as annexure 006 for your ease of reference.
"Another letter was also sent to the Director General, Debt Management Office. (Attached).
"The DMO in a letter dated Aug 01, 2016, requested the state to attach all relevant documents to back up their demand for a refund. All these documents were duly provided to the state by THE COMPANY.
"The said letter of 1st August 2016 is herewith attached as Annexure 007 for your ease of reference.
"Please pay attention to dates as you go through the documents. The State had misrepresented the facts in their so-called letter of disengagement by quoting that our clients never did any work since the appointment was given. They also quoted a letter from DMO telling them they do not work with individual consultants. The Governor specifically mentioned in his demand letters that what he was asking for was premised on the report submitted by the COMPANY.
"In his own words, the Executive governor stated thus.
"Yet, they claimed our clients did nothing. It might interest you to know that Ebonyi State sadly has an antecedent for disengaging consultants at the point of payment for services. Our Clients experienced such in 2010 when they were appointed as consultants under the former administration. At the point of payment, they were told the State had another consultant.
"After most states engaged consultants for this assignment, the Governor’s forum under Governor Yari decided to bring in some of their ‘connected consultants’ to collate all that has been done so that demand for payment would be sent collectively. At this point, consultants who worked at the State level including our clients, kicked against this selection and it was resolved that Governors should pay their State consultants at least 5% or more of the money recovered for them.
"The first tranche of payment made to the State was N8,385,035,086.72 based on the Governor's forum payment schedule. (Attached). Based on this, our clients sent in a demand for their fees of N2, 096, 258, and 771. 68 dated Dec 11th 2016 based on the initial agreement.
"The said letter of demand is herewith attached as annexure 008 for your ease of reference.
"Our Clients noticed that the state reneged on the agreement to provide an irrevocable standing order conveying 25% of all money recovered by the consultant and have the fund domiciled in the then Skye bank. But after the decision was made to pay 5%, our clients sent in another request. The Governor through Dr Ekumankama and contrary to the agreement of the parties told us that they were going to pay N400,000,000:00, then it was reduced to N200,000,000:00, then N100,000,000:00 after which our clients never heard from them again.
"It is further in our brief that instead of towing the path of honour and paying our clients their dues, the state government instead in response to their letters for payment purportedly terminated the contract via two letters backdated to 26th September 2016 and 7th June 2016.
"Attached herewith as annexures 009A and B for your ease of reference
"Our clients also had it on good information that the Governor had presented a memo to the State EXCO commending our clients for a job well done while submitting a memo for payment. Some members of the EXCO called our clients to congratulate them before our clients received the rude shock of disengagement.
"It was at this point, our clients sent in letters through their lawyers, and sought other avenues to reach out to the Governor regarding the payment. After a long and tortuous effort to reach him failed, our client then had access to the Governor, through the intervention of some senior Political officeholders. The Governor at the meeting which had Religious leaders, traditional rulers and some other persons present started by lambasting our clients, rained abuses on them and made it clear to them that he is not afraid of anybody among other verbal assaults. He finally told our clients that he will start the payment with a million. Another agreement was quickly prepared on his order, and our client was compelled to sign.
"We were further briefed that, later that night, in what may seem like a drama, the GOVERNOR and his finance commissioner stormed the hotel where our client lodged, Osborne La Palm by 12.39 am and demanded that our client must add a clause to that agreement that she will make no further demand for payment.
"Our client had no choice but to do that considering the manner of approach, the time, and being surrounded by heavily armed policemen.
"The said addition is herewith attached as annexure 0010 for your ease of reference.
"It, therefore, came to our client as a shock that after our client was compelled to sign for N50,000,000(fifty million Naira only) the governor only transferred the sum of N42, 000,000 (forty-two million Naira only) to the Company account in First Bank Limited. Payment slip Attached
"Our client left the State with so much pain, dejection and humiliation. However, several efforts have been made, through political means to appeal to the Governor to pay our clients the agreed fees. All this fell on deaf ears.
"Aggrieved by the oppressive actions of the governor, our clients and their Partner Dr Marius Ibe of Mauritz Walton Nigeria Limited, initiated a court action against the Ebonyi State government, of course, our client's credulity was stretched to the limit, since the governor of Ebonyi state and Ebonyi State government have failed, refused and neglected to meet up with his obligation which he reduced in writing.
"The Government of Ebonyi state was duly served and represented by a legal expert during the proceedings. And after careful consideration of the facts of the case and documentary evidence before the court, the learned trial Judge in a well-considered Judgment found merit in Favor of our Client on a landmark judgement dated the 21st of July 2022.
"Certified copy of the said judgement is herewith attached as annexure 0011 for your ease of reference
"Rather than comply with the judgement of the court or take the path of the law since the matter is subjudice, the Governor of Ebonyi state on the
31st of August 2022, dispatched armed men numbering about 10 in number from both Ebonyi Police Command and Garki police Station who stormed the house of our client in Brains and Hammers Estate in Apo Abuja, where our client and the Children reside, with a warrant of arrest purportedly from a magistrate court in Ebonyi and abducted our client on an imaginary and purported case for defrauding the Ebonyi State Government to the tune of N50m.
"Our client who was not allowed to go back into the house and change into appropriate clothing was taken to the Garki Police Station where our client was embarrassed, humiliated and detained overnight and taken to Ebonyi State the next morning.
"It is further in our brief that our client’s children are still highly traumatized, and psychologically disoriented due to the commando style in which the stern-looking and heavily armed men stormed our client’s home.
"It may interest you to know that on our client’s arrival to Abakaliki on the 1st of August, our client was taken straight to the Governor’s office, where our client was subjected to unwarranted and undue interrogation by the Governor, Engr. Dave Umahi while being subjected to the governor’s venom of vituperations.
"Our client was later taken back to the police station where our client was once again compelled to sign some documents which were prepared by the Attorney General of the State and the Solicitor General of the State purported to seek our client’s consent to withdraw the judgement from the court. This was done at the Ebonyi State police Station where our client was detained. Our client was also asked to sign that our client would not file fundamental rights charges against the state and the police.
"After the signing, our client was released on bail on the 4th of August 2022. The Governor had threatened to prosecute our client on trumped-up charges of “Advanced fee fraud” if our client did not comply.
"All the said documents our client was compelled to sign are herewith attached as annexures 0012, and 0013 for your ease of reference.
"Our client informed us that our client’s abduction by the Police at the instigation of the Governor of Ebonyi state aroused a public outcry in social media, especially from the residents of the estate and neighbours who witnessed the harassment and abduction. Rattled by the public outcry, as a face-saving measure and without proper investigation, the police and the government of Ebonyi State, released false and damaging articles, on various media platforms and called our client a fraudster, a 419, targeted at destroying our client’s reputation and that of the COMPANY before the right thinking members of the society.
"The said article is here attached as annexure 0014 for your ease of reference,
"At the moment, the Governor and the government of Ebonyi state are still threatening to deal with our client if our client does not go to the high court in Port Harcourt to set aside the Judgment.
"It is our brief that the executive governor of Ebonyi state also threatened and boasted that he will use his office and connection with the Economic and financial crimes commission EFCC to deal with our client.
"Due to the Governor's threat to deal with our client, citing several instances of what he is capable of, our clients had to shut down their office, and all our client’s children are in hiding and have missed their exams because they are afraid to come out publicly due to the enormous threat by the Ebonyi state governor and government.
"Our client is aware that our client’s telephone lines are being tracked in the same manner as it happened before police and agents of the Ebonyi state government stormed our client’s house on the 31st of July 2022.
"Our client is therefore using this message to send SOS to use your good offices to forestall and check the excesses and abuse of power of the Ebonyi State Government as our client’s life is in imminent danger.
Our client has informed us that the governor told our client to our client’s face that his instinct and God on this occasion warranted him not to do any harm to our client at that very moment.
"Our client is therefore much more worried that at what time would the instinct of the governor allow him to harm our client, especially since the 1st of August 2022, the harassment calls to our client by the governor himself and unknown persons have continued unabetted.
"We, therefore, use this medium to call upon you Sir, to use your office to ensure that justice prevails and to put the governor and the government of Ebonyi State to check.
"Please accept the warm assurances of our professional regards."
