ANLCA Crisis Takes a Twist: Lawyer Cries Out, Says His Identity Stolen in Fake Judgement At Abeokuta

By DAPO OLAWUNI

Fresh indications have emerged that the expired National Executive Committee (NECOM) of the Association of Nigerian Licensed Customs Agents (ANLCA) may have used a stolen identity of a lawyer; Gbenga Akinde-Peters to obtain a fraudulent judgement against the registered Board of Trustees (BOT) headed by Alhaji Taiwo Mustapha in SUIT NO: FHC/AB/CS/109/2021 on 20th January 2022 at the Federal High Court, Abeokuta, Ogun State.

Recall that ANLCA has been in protracted leadership crisis for the past four years even as two factions have emerged. While one of factions is led by the registered Board of Trustees (BOT) Alhaji Taiwo Mustapha, the other faction was led until lately by Hon Tony Iju Nwabunike and a parallel Board of Trustees headed by Dr Taiwo Afolabi.

A copy of the Abeokuta Court judgement obtained by our correspondent showed that, the later had apparently divided themselves into two groups to stand as both Plaintiff and Defendant in order to deceive the judge, Justice J.O Abdulmalik in obtaining a fraudulent judgement restraining the registered BOT, led by Alhaji Taiwo Mustapha from parading themselves in office.

In the suit, the Plaintiffs were; Chief Henry Njoku, Mayor Ukweche and Aliyu Lameen, standing for themselves and on behalf of board of trustees of ANLCA.

The 1st to 16th defendants are; Iju Tony Nwabunike, Farinto Kayode Collins, Abdulazees Babatunde, Dennis Okwu, Uche Martins, Joshua Ahuama, Hajia Bola Muse standing for themselves on behalf of NECOM.

Eniola Igbaroola, Abel Ayokunle, Shamsideen AwopejuAwopeju, Ozor Chukwura, Kingsley Offor, Obi Azodo, Igwe Christian, Isa Aliyu, Afolabi Taiwo standing for themselves and the Board of Trustees.

Meanwhile, in the eyes of the law, our correspondent learnt that this judgement is not binding on the Alhaji Taiwo Mustapha led BOT because their names were never mentioned in the suit.

Our correspondent also gathered that it was on the strength of the Abeokuta judgement that the Dr Taiwo Afolabi led BOT faction, notwithstanding, approached the Corporate Affairs Commission (CAC) to obtain a certificate of registration through the back door, a development which the CAC has since corrected itself by withdrawing the controversial certificate.

Meanwhile, our correspondent gathered that the Mustapha faction had written to the National Judicial Council (NJC) to query such judgement and fresh facts have begun to expose in the unfolding investigation.

To this end, the lawyer hired in the proceeding by the NECOM and Afolabi led BOT; Gbenga Akinde-Peters has sworn an affidavit at the High Court of Lagos on 24th if November, saying that his identity was stolen. He also denied knowing the first defendant lawyer, one Stanley Chibogu Ezenike Esq, and that he has never worked with him before.

He also said that he has never heard anything about the ANLCA crisis before now.


The affidavit read in part: I, GBENGA AKINDE-PETERS, Adult, Male, Christian, Nigerian Citizen and Legal Practitioner at 80B, Isale-Eko Avenue, Dolphin Estate, Ikoyi, Lagos State do hereby make oath and state as follows that:

1. I am a Senior Associate with the law firm of Temilolu Adamolekun & Co., of 80B, Isale-Eko Avenue, Dolphin Estate, Ikoyi, Lagos State.

2. I was served with a copy of the Applicant’s Originating Application on the 3rd day of November, 2022.

3. Having perused the content of the Originating Application, I state that I do not know the Applicant, neither have I had any relationship with it. Everything to the petition is strange to me and all the facts in the Affidavit in support of the petition are alien to me.

4. In reaction to paragraph 3 of the Affidavit of facts deposed to by one Mr. Gideon Nwagbaraocha on the 25th day of May 2022, I am not aware of the existence of Suit No: FHC/L/CS/921/2020 filed at the Federal High Court, Lagos Division and I have never appeared in such a matter and in fact, no lawyer from our office has ever heard of such a case.

5. In reaction to paragraph 4 of the Affidavit of facts deposed to by one Mr. Gideon Nwagbaraocha on the 25th day of May 2022, I am not aware of the existence of EXHIBIT A attached to the Affidavit i.e. the Order of the Federal High Court coram Hon. Justice R.M Aikawa delivered in Suit No: FHC/L/CS/921/2020.

6. In reaction to paragraph 5 of the Affidavit of facts deposed to by one Mr. Gideon Nwagbaraocha on the 25th day of May 2022, I am not aware that Suit No: FHC/L/CS/921/2020 is now pending before Hon. Justice Osiagor.

7. In reaction to paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of the Affidavit of facts deposed to by one Mr. Gideon Nwagbaraocha on the 25th day of May 2022, I am not aware of the existence of Suit No: FHC/AB/CS/109/21 filed at the Federal High Court, Abeokuta Judicial Division.

8. In furtherance to the above and prior to the service of the Originating Application on me, I was not aware of the Judgment of Hon. Justice J.O Abdulmalik of the Federal High Court, Abeokuta Judicial Division, delivered in Suit No: FHC/AB/CS/109/21.

9. The entire depositions of Mr. Gideon Nwagbaraocha as contained in the Affidavit of facts are totally strange and unknown to me.

10. On the 27 day of October, 2022, I received a call from an unknown person with phone number: 09072379288, who introduced himself to me as an official of the Body of Benchers and also informed me that some other person was finding it hard in serving a correspondence on me at my purported address stated as, No. 91, Opebi Road, Ikeja, Lagos.

11. I have never lived nor worked at any office with an Ikeja address and I have no link at all to No. 91, Opebi Road, Ikeja, Lagos. .

12.In furtherance to the above, I inquired who the correspondence was addressed to and the speaker attempted to pronounce “Gbenga Akinde Peters”, albeit pronounced my last name wrongly.

13. He further asked how the correspondence could get to me and out of curiosity and because I really wanted to know what this was all about, I gave him my office address.

14. The said Correspondence and the Originating Application was eventually served on me at 80B, Isale Eko Avenue, Dolphin Estate, Ikoyi, Lagos.

15. I do not know the location of the purported address ascribed to me on the face of the Correspondence, the Originating Application and its accompanying processes, i.e. No. 91, Opebi Road, Ikeja, Lagos.

16. I have never had any reason whatsoever to visit No. 91, Opebi Road, Ikeja, Lagos, neither have I had any relationship with anyone whatsoever with the address mentioned in the preceding paragraph.

17. My name is Gbenga Akinde-Peters as opposed to the description of the 2nd Respondent on the face of the Originating Application and the Correspondence from the Body of Benchers.

18. 1 do not know the 1st Respondent i.e. Stanley Chibogu Ezenike Esq.

19. 1 do not have any relationship whatsoever with the 1st Respondent.

20. After receiving the petition, on the 9th day of November, 2022, I made an Application to the Deputy Chief Registrar, Federal High Court, Abeokuta Judicial Division to conduct a search on the case file of Suit No: FHC/AB/CS/109/21 and obtain Certified True Copies of the Processes filed therein. A Certified True Copy of my Application is hereby attached as EXHIBIT Gl.

21. Upon the search of the case file, | saw a Memorandum of Appearance dated 15 of October, 2021, purportedly signed by one “A.P Gbenga Esq.”, of Gbenga & Co. 91 Opebi Road, Ikeja with email address: peters@nigerianbar.ng.

22.1 also saw a Counter Affidavit in opposition to the Plaintiffs’ Originating Summons deposed to by one, Folabomi Temitope, supported by a Written Address purportedly signed by one “A.P Gbenga Esq.”, of Gbenga & Co., 91 Opebi Road, Ikeja with email address: peters@nigerianbar.ng The Certified True Copies of the Memorandum of Appearance, Counter Affidavit and Written Address are hereby attached as EXHIBIT G2.

23. When I sign court processes, correspondence and other documents, I do not address and have never addressed/described myself as A.P Gbenga, as i have always written my name as: Gbenga Akinde-Peters.

24. The signature of the “A.P Gbenga Esq”. in EXHIBIT G2 is not my signature, neither does it have any similarity with my signature.

25. I am not aware of the existence of any firm with the name “Gbenga & Co.”, of 91 Opebi Road, Ikeja, neither have I had any relationship whatsoever with the firm.

26. I am also not aware of the email address: peters@nigerianbar.ng

27.1 do not know the Folabomi Temitope who deposed to the Counter Affidavit, neither did 1 inform him of his depositions as contained in paragraph 4 (a) to {j) of the Counter Affidavit. ’

28. Furthermore, I did not meet with any Folabomi Temitope on the 13th day of October, 2021 as he averred in paragraph 4 of the Counter Affidavit.

29. I have been under the employment of Temilolu Adamolekun& Co. of 80B,
Isale Eko Avenue, Dolphin Estate since February, 2015, with my current position as Senior Associate/Head of Chambers.

30. Consequently, I do not work with “Gbenga & Co.”of 91 Opebi Road, Ikeja, Lagos and I have never worked for “Gbenga & Co.

31. Upon a search of the case file, I further noticed that one T.M Akinola appeared for the Defendants on the 15’» day of October 2021 and 26th day of October 2021. A Certified True Copy of the Record of Proceedings and the Courts Bar/Cause list are hereby attached as EXHIBIT G4.

32.1 was shocked to see a copy of my NBA Seal Receipt attached to the Defendants’ Counter Affidavit and Written Address filed in Suit No: FHC/AB/CS/109/21.

33. The only time I ever appeared at the Federal High Court, Abeokuta Judicial Division was before Hon. Justice A.T Mohammed, sometime in 2016, in the matter of Guaranty Trust Bank Plc V Nigerian German Chemicals, Plc with Suit No: FHC/AB/CS/17/2016.

34. Upon the conclusion of the matter mentioned in paragraph 33 above, 1 have not had any reason whatsoever to visit the Federal High Court, Abeokuta, Judicial Division.

35. More so, I have never appeared before Hon. Justice J.O Abdulmalik of the Federal High Court, Abeokuta Judicial Division and up till the time of deposing to this Affidavit, I do not even know what His Lordship looks like.

36. I have every cause to believe that some persons detached a copy of my NBA Seal Receipt from one of the court processes that I must have signed and filed in Court for the purpose of this fraud which was perpetrated in an eccentric manner.

37.1 know as a Legal Practitioner that all court processes signed by me and filed in court are public documents and people can have access to them whether or not I permit them.

38. 1 am also aware that the Court Registries across the country are accessible to the general public, including but not limited to Counsel, Litigants, Paralegal Staff such as Clerks, Litigation Officers etc.

39. In view of my findings from the search conducted on the case file, some persons used a copy of my NBA Seal Receipt to perpetuate the fraudulent act of entering appearance for the Defendants in Suit No: FHC/AB/CS/109/21.

40. Upon my findings as chronicled above, I petitioned the office of the Assistant Inspector General of Police, Nigeria Police Force, Zone 2, Onikan, Lagos to investigate the fraudulent activities of T.M Akinola and Folabomi Temitope. A Certified True Copy of the petition is hereby attached and marked as EXHIBIT GS and | know that the Police is now investigating the case.

41.1 did not collude with any Stanley Chibogu Ezenike to carry out any fraudulent act and I have never been involved in any fraudulent act whether as a student or as a lawyer.

42. The allegations against 24 Respondent have nothing to do with me and the facts contained in the Originating Application are not my deed. I am not privy to the facts/allegations contained therein.

43. In the course of my practice of law, I have never had any reason whatsoever to engage myself in any act that is unbecoming of a Legal Practitioner, neither have I done anything whatsoever to mutilate nor bring disrepute to the integrity of the Bar.

44. It would amount to the most serious injustice in the legal profession if the Applicant’s Application is granted against me as I know nothing about the issues the Applicant may have with any other person.

45. It will be in the interest of justice to dismiss this petition against me.

46. I swear to this Affidavit in good faith and in accordance with the Oaths Act.