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Page 1 IN THE HIGH COURT 0F IAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SE]N3°3DGLM+"D
BE-EN:
MR OI.ADAPO APARA
CLAlivENT
(Trading under the name and style
Infiniti Systems Enterprises)
AND
1. ALPHA-BETA CONSULTING Iip
2. SENATOR BOIA AHMED TINUBU
3. MR. AKIN DOHERTY
DEFENDANTS
STATEMENT OF CLAIM
1.
The claimant is a Nigerian and a chartered Accountant who trades under the
name and style of Infiniti Systems Enterprises of 27, Oduwobi Street, Ilupeju,
Lagos.
The 1 st Defendant is a Limited hiability Partnership that was redstered in 2010
under the Partnership Law of Lagos State with its office at Water House, Water
Corporation Headquarters, Ijora, Lagos.
The 2nd Defendantis a politician and former Governor of Lagos State between
1999 and 2007 who at all material times to this suit was a controlling interest of
the lst Defendant while hidinghis involvement in the lst Defendant from the
pubhc.
The 3rd Defendant parades himself as the Managing Director/Manastg
Partner of the 18' Defendant contrary to the provisions of the Partnership
Agreement with his office at Water House, Water Corporation Headquarters,
Ijora, Lagos.Page 2 5.
The 3rd Defendant is not one of the Partners of the lst Defendant ILP but
was also a fomer Commissioner of Finance under the administration of the
2nd Defendant Bola Ahmed Tinubu.
The main business of the lst Defendant is and has been the computation,
tracking and reconciliation of Intemauy Generated Revenue in Lagos State in
return for a commission.
7.
The 2nd Defendant has directed and dictated the affiirs of the lst Defendant to
divert assets of the 18t Defendant to his (the 2nd Defendant) benefit and to the
detriment of the Claimant.
The Clairmnt avers that the ownership of the ls' Defendant and the percentage
of the capital contributed by the partners including the Claimant are as fouows:
•
Dapo Apara (Trading under the name
30%
and style Infiniti Systems Enterprises
• Michael olumide ogimmola ITrading
under the name and style Mono Consulting)
400/o
• Tunde Badejo (Trading under the name
and style Ebo Consult)
15%
•
Tunde Badejo (Trading under the name and style Intergrev
15%
Services)
The Claimant avers that from inception of the lst Defendant, the 2nd
Defendant has been in control of the affirs of the 18t Defendant and that from
the year 2018, AKIN DOHERTY, the 3rd Defendant and SENATOR BOIA
AHMED TINUBU, the 2nd Defendant have assumed fim control of the
financial management of the fim to the exclusion of the Claimant.
10.
The Claimant avers that sometime in 2000, he solely conceived, prepared and
presented a proposal to the Lagos State Government on providing consultancy
services using his firm, Infiniti Systems Enterprises, (the Claimant) with respect
to using computerisation to track and reconcile the Intemally Generated
Revenue of the State ¢GR).Page 3 11.
The claimant avers that fouowing the presentation of his proposal to the Lagos
State Government, the 2nd Defendant q30IA AHMED TINUBU) who was
at the time the Governor of Lagos State demanded that 70°/o equity interest in
the project be assigned to a certain Olumide Ogunmola before he, the 2nd
Defendant will approve the project.
12.
The claimant avers that he then met the said olumide ogurmola (who he had
never met before) and it was agreed that a limited habihty company be
incorporated in which the Claimant will hold 30°/o shares while Olundde
Ogurmola and his partners will hold 70% of the shares of the company.
13.
The Claimant avers that foHowing the agreement alluded to above; Alpha Beta
Consulting linited was incorporated in 2002 with the following shareholding
ratio:
• DapoApara
• Oluride ogunmola
• Adegboyega oyetola
14.
The Claimant avers that upon the commencement of business operations, the
2nd Defendant @OIA AHMED HNUBU) directed that the 30°/a
shareholding of Adegboyega Oyetola be transferred to one Mr. TUNDE
BADEjo. This was done.
15.
The Claimant avers that although he was a signatory to all the bank accounts of
the ls' Defendant, payments from the bank accounts of the 18' Defendant
required only 2 signatories which was mostly handled between the other two
partners, Messrs Michael Olumide Ogimmola and Tunde Badejo.
16.
The Claimant avers that occasionally when the other two partners in the lst
Defendant apart from the Claimant were not available, then the Claimant will
be involved as a fullback option.
17.
The Clainant avers that after the incorporation of Alpha-Beta Consulting Ltd
in 2002 and structured according to the dictates of the 2nd Defendant @OIA
AHMED TINUBU), the 2nd Defendant in his official capacity as the
Governor of Lagos State then approved that Alpha-Beta Consulting Ltd be
awarded consultancy contract for the assessment and collection on behalf of
the Lagos State Government, all taxes and Intemauy Generated Revenue qGR)Page 4 due and payable to the State at a loo/o consultancy fee (subject to a benchmafk
which varies from time to time).
18.
TheClaimantaversthatduetothetechnologicalirmovationthatwasdeployed
by him, the Intemally Generated Revenue of the State grew from a base of
aboutN10bihionpefannumin2002tooverN300bnin2019.
19.
In year 2010 or thereabout, the 2nd Defendant @OLA AHMED TINUBU)
directed that the incoaporation structure of the Alpha-Beta Consuling Ltd be
changedfromahitedliabihtycompanytoahitedhabjlitypartnershipunder
a newly promulgated law of the Lagos State Government. The 2nd defendant
explained to the Claimant that the purpose was to fucher shield the 2nd
Defendant @OLA AHMED TINUBU'S) Involvement in Alpha-Beta
Consulting Ltd from pubtic scmchy.
20.
The claimant avers that in 2010, based on this drective by the 2nd Defendant
a30LA AHMED HNUBU), the let Defendant was redstefed as a Linrited
Liabihty Parmership to carry on business as infomation and communication
technology co.nsultants and provide high quahty, value added infomation
solutions to private and public institutions.
21.
The clarnant avers after the fedstration as a Limited habihty partnership, the
ls` Defendant then took over the Lagos State contract previously awarded to
Alpha Beta Consuling Lindted.
22.
The Claimant avers that upon the redstration of the ls' Defendant in 2010, a
Partnership Agreement was executed by all the Partners including the Claimant
andMessrsMichaelOlumideOgurmolaandTundeBadejo.
The Claimant sham at the tnal of the suit rely on the Ceftificate of Registration
and the Partnership Agreement.
23.
The claimant avers that the2nd Defendant thereafter directed that Mr. Mchael
Olunide Ogunmola be designated as Managing Pamer of Alpha Beta
Consuling LLP, while the Claimant was designated as Deputy Managing
Pamet.
24.
The claimant avers that in 2014 the 2nd Defendant directed that Mr. Michael
OlumideOgurmolashouldceasebeingtheManachgPamerandtheClaimant
then became the Manachg Parmet with access to review the financial records.Page 5 25.
Sometime in 2016, the 2nd Defendant a)OLA AHMED TINUBU) told the
Claimant that he @OLA AHMED TINUBU) has received feedback that
Claimant was reviewing past financial records of the lst Defendant. That he was
displeased with this action of the Claimant and therefore intends to bring the
3rd Defendant (AKIN DOHERTY) into the management of the lst Defendant
as Manaedng Director to take over the financial management of the company,
while the Claimant should revert to his former role as Deputy Managing
Director and not get involved in the financial affirs of the 1 St Defendant.
26.
The 2nd Defendant @OIA AHMED TINUBU) also warned the claimant not
to even think of exposing his involvement in the financial affairs of the lst
Defendant to the EFCC as the then Acting Chaiman of EFCC, Ibrahim Magu,
will always protect him (the 2nd Defendant)
27.
The 2nd Defendant also threatened to use the agencies of the Lagos State
Government such as the Lagos State Internal Revenue serviceqlRS) and the
Lagos State Bulding Control Agency a.SBCA) to harass and seize the assets of
the Clainant if the Claimant ever betrayed hin.
27.
The claimant, disagreed with the 2nd defendant's request that he, the claimant,
should revert to the role of a deputy. Instead the Claimant agreed with the 2nd
Defendant that he will transition to a consultant to the 13t Defendant to
manage the technology and get remunerated on a monthly basis for this task.
28.
Thereafter, the 3rd Defendant was brought to the office premises of the let
Defendant by Mr. TUNDE BADEjo, a pattnef, and introduced to the staff as
the new "Manactng Director" of the 1 st Defendant.
29.
Thereafter, MR. TUNDE BADEjo told the claimant that if he (the claimant)
ever came to the office of the 18[ Defendant he, MR. TUNDE BADE]O win
terminate the life of the Clainant. This incident was reported to the pohice in
2018 and is under investigation.
30.
When the pohice commenced investigation into this complaint by the plaintiff
in 2018, the 2nd Defendant @OIA AHMED TINUBU) interfered in the
Pohice investigation to fnistrate it.
31.
On becoming the Managing Partner in 2014, the claimant sent a Board
resolution to al the bankers.of the 18' Defendant to remove MR. MICIIAEL
OLUMIDE OGUNMOIA as a signatory to all the bank accounts of the lst
Defendant.Page 6 32.
Following this Board Resolution to an the banks, the Claimant and MR.
TUNDE BADEjo then remained the only authorised ``A" signatories of all
the accounts of the lst defendant able to sign any amount jointly.
33.
Between 2014 after notices to all the banks of the removal of MR. MICIIAEL
OLUMIDE OGUNMOIA as signatory to the bank accounts and sometime in
2018, the Clainiant and Mr. Tunde Badejo jointly operated the bank accounts
of the lst Defendant.
34.
However from 2018 to date, MR. TUNDE BADE]O, the 3fd Defendant
(AKIN DOHERTY) and 2nd Defendant q30IA AHMED TINUBU) have
colluded to operate the bank accounts of the 18t Defendant amongst
themselves without the involvement of the Claimant contrary to the subsisting
mandate which stipulate that the Claimant and MR TUNDE BADE]O jointly
sign any amount as "A" signatories, apart from a limit of N10 million monthly
which may be signed jointly by any "A" and a "8" signatory. The "8" signatory
was designated as Mr. Bode Oluyemi, an employee of the 1 St Defendant.
35.
Suspicious that his signature was being forged to enable the 2nd and 3rd
Defendants to operate the bank accounts of the lst Defendant without his
involvement, the Claimant expncitly wrote to au the bankers of the lst
Defendant in February of year 2020 revoking his mandate for any debit
transactions.
36.
The claimant has also written to the banks to provide details of all transactions
in the 18' Defendant's accounts since inception.
37.
The Claimant avers that Clause 8 of the Partnership Agreement which relates
to Profit and Losses provides as fouows:
"The Partnership's profits and losses (including profits and losses of capital)
shall be divided between and borne by the Partners in proportion to the shares
in its capital for the time being owned by them".
38.
The Chimant avers that the lst Defendant LLP has received from the Lagos
State Government commission for its services estimated at over One hundred
and fifty bihion naira Q`J150 billion) from 2010 to date with the profits of the
Pattnership being that sum minus legitimate costs.Page 7 39.
The Claimant avers that despite the huge income made by the lst Defendant
Iip since 2010 un the present Mess fs Tunde Badejo and Akin Doherty acchg
under the direction of the 2nd Defendant breached Clause 8 of the Partnership
Agreement and denied the Claimant his share of the profit from the
parmership as provided in the Agreement.
40.
The Claimant avers that Messrs Tunde Badejo, Michael Olunride Ogunmola
and Akin Doherty have conuded and conspired to run the affirs of the
busine.ss in a marmer designed to bankrupt the 18t Defendant through
suspicious monetary transfers to 3rd parties running into bihions of naira
contrary to the Partnership Agreement.
41.
The Claimant avers that some of the suspicious transfers to 3rd parties amongst
many others unknown to the Claimant are as fouows:
a) N500,000,000 payment to SW8 Investment Ltd vide payment instruction
dated the 30/12/13
b) $2,989,063.33 USD payment to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/1.5.
c) $1,407,000 USD payment to to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/15.
d) N25million payment to Ha]izview International
instruction dated the 18/3/15.
Ltd
vide
payment
e) N39million payment to Halizview International Ltd
instruction dated the 3/3/15.
vide
payment
I) N38million payment to Halizview International
instruction dated the 6/3/15.
vide
payment
Ltd
g) N550million payment to Ocean Trust Ltd vide payment instruction dated
the 15/5/18.
h) N850million payment to Ocean Tmst Ltd vide payment instruction dated
the 14/3/15.
i) Nl bihion in Afkar printing Press together with Vintage Press Limited and
Lagoon Press Limited in October 2017.Page 8 i) Nl bihion OCEAN AND OIL INVESTMENTS LID (OANDO) various
ines
k) N3.5 binon OCEANIC BANK avow ECOBANK) various ines
I) N100 million IBILE HOLDINGS LAND q'LOT 16/17 BLOCK VI
ONIRU ESTATE)
in) N500 million STARCOMMS (ARANDA RESOURCES)
SHARES
100,000,000
n) N1.4 billion STERLING ASSET MANAGERENT
o) N960 minion HITV 300,000,000 SIIARES
p) Nll.9 billion SW8 (WEMA BANK)30,909,090 SIIARES
The Claimant shall at the trial of the suit rely on the vafious Letters of
Instructions afores aid.
42.
The Clainant avers that on becoming the Managing Directot of the lst
Defendant LLP in 2014, he undertook a review of the books of accounts of the
ls' Defendant but the review was affected by the lack of adequate and in some
occasions, nonexistent account records.
43.
The Claimant avers that during the feview of the account records of the lst
Defendant he carried out, huge sums of money that the 18t Defendant earned
over the years was not reflected in the accounts of the ls' Defendant.
44.
The claimant avers that the account review alluded above revealed large scale
fraudulent transactions some of which are stated above and diversion of the lst
Defendant funds running into billions of naira by the 2nd and 3`d Defendants.
45.
The Claimant avers that the 3ed Defendant occupies `the office of the lst
Defendant illegally through undue influence of the 2nd Defendant and is
complicit with the 3rd Defendant in continuing to erode profits of proper
parmers in the parmership.
46.
The Claimant shall contend at the trial of the suit that au actions of the 3rd
Defendant acting alone or in connivance with the 2nd Defendant is a
continuing violation of the Laws of Lagos State as it pertains to Partnerships as
well as a violation of the Pamership Agreement through which the lst
Defendant came into existence.Page 9 47.
The Claimant avers that Clauses 11.0 and 20.1 of the Partnership Agreement
provides for the signing of the Armual Accounts of the Partnership by all the
Partners including the Claimant to keep all necessary and proper accounts of all
the partnership transactions.
48.
The claimant avers that despite the clear provisions of clauses 11.0 and 20.1 of
the Partnership Agreement anuded to above, the 2nd and 3rd Defendants acting
with Mr Tunde Badejo have flagrantly breached same as no proper annual
accounts have been signed by the Clainant.
49.
The Claimant avers that the falure and refusal of the Defendants to deliver
once every year, to the Retistrar, an annual returns to be cerified by the
partners of the 1§' Defendant which shall contain the true representation of the
total assets of the partnetship at the end of the preceding year, particulars of
indebtedness was a violation of Section 76 of the Partnership Law.
50.
The Claimant shall contend at the trial of the suit that the violations of the
provisions of the Partnership Law by the Defendants is an offence and is
punishable under Section 79 of the Law.
51.
The claimant avers that following the account review of the ls' Defendant and
the revelations that billions of naira earned by the 1§' Defendant over the years
were not fully accounted for, hc confronted Mr. Tunde Badejo who then
admitted to him that the funds of the lst Defendant were grossly mismanaged
over the years including the diversion of the let Defendant funds for purported
joint venture purposes at the direction of the 2nd Defendant and for
benefit of the 2nd Defendant, @OLA AIIMED TINUBU).
52.
the
The said parmer confided in the Claimant that it was the style of the 2nd
Defendant to corrupt his office and extort benefits of between 70°/o or more
from all projects on-going in Lagos State since he became Governor in 1999 to
date.
53.
The said partner further cited as example to the Claimant the Global
Computerisation Project which is being handled by another company of his
called Soft Alliance and Resources I.imited and where all the payments received
are diverted to the 2nd Defendant @OIA AHMED TINUBU).
54.
The Mr. Tunde Badejo also cited the case of the Land Use Charge quc)
Project which followed a similar pattern.Page 10 55.
The Chimant avers that Mr. Tunde Badejo further admitted that the diversion
of the lst Defendant funds over the years running into bilhions of naira into
suspicious accounts was done in a "smart" way to shield the 2nd Defendant
@OIA AHMED TINUBU) from public scruchy and to hide his assets from
the Code of Conduct Bureau and the anti-corruption agencies.
56.
The claimant avers that Mr. Tunde Badejo stated that the fraudulent diversion
of the lst Defendant funds towards the purported repayment of bogus loans to
banks which could not be traced to the books of the ls' Defendant and the
complex nature of these transactions necessitated the poor account record
keeping and in some cases, the non existence of some records and accounts.
57.
The claimant avers that these bogus loan repayments ate in the main deducted
at source from the Lagos State Government under a standing instruction order
of the 1 St Defendant that the Claimant was not aware of or consented to.
58.
The Claimant is aware that these bogus loans were facilitated by Skye Bank
(now caned Polaris Bank) and other banks. The Claimant has written to Polaris
Bank and other banks to provide all relevant information which will be
presented to the court when provided.
59.
The claimant avers that after Mr. Tunde Badejo had explained the facts alluded
to above to him, it became clear to him that the ls' Defendant LLP in which he
holds 30°/o of the capital was being used for massive cofruption purposes
including tax evasion, bribery of government officials, diversion of the funds of
the 1 st Defendant and money laundering.
60.
The Claimant avers that the said Mr. Tunde Badejo thereafter threatened the
Claimant that his life will be in danger if he ever reveals the admitted facts to
3rd parties.
61.
The Claimant avers that after a thorough and full assessment of the
information he received from the said Mr. Tunde Badejo which confirmed the
poor records book keeping of accounts of the lst Defendant and in some cases,
nonexistent accounts, he decided to whistle blow the fraudulent activities of the
Defendants using the 1 S' Defendant in which the Claimant is a partner.
62.
The Claimant avers that as a Partner in the lst Defendant Iip with a 300/o
capital, he is entitled to the Payment of his dividends from 2010 to date in
accordance with Clause 8 and 11.0 of the Partnership Agreement.Page 11 Pardculars of Fraud
a) The Claimant avers that the extortion of 700/o equity of the ls' Defendant
from him (the Claimant) by the 2nd Defendant q30IA AHMED
TINUBU) as a pre-condition for him, the 2nd Defendant, to perfom his
official dutiesat the time was abuse of office and a fraud on the claimant.
b) The Claimant avers that the reveladons by Mr. Tunde Badejo of gross
mismanagement of the funds of the lst Defendant by over the years
including the diversion of the lst Defendant funds for purported joint
venture purposes was a violation of the Partnership Law and the
Partnership Agreement.
c) The Claimant avers that M. Tunde Badejo's admission that the divetsio? of
the ls' Defendant funds over the years running into biuions of naira into
suspicious accounts was done in a "smart" way to shield the 2nd Defendant.
d) The Claimant avers that the fraudulent diversion of the lst Defendant funds
to the benefit of the 2nd Defendant, the purported repayment of huge sums
as bank loans to banks which could not be traced to the books of the lst
Defendant and the fraudulent complex nature of these transacdons
necessitated the poor account record keeping and in some cases, the non
existence of some accounts.
e) The Claimant avers that the dubious and fraudulent payments made to
various 3rd parties as shown in the payment instructions was meant to
bankmpt the lst Defendant and deny the payment of profit to the Claimant.
I) The Claimant avers that the lst Defendant LLP in which he holds 300/o of
the capiul was being used for massive corruption purposes including tax
evasion, bribery of government officials, diversion of the funds of the lst
Defendant and money laundering by the 2nd, 3rdDefendants.
63.
WHEREFORE the Claimant claims against the defendants jointly and severally
as follows:
a) An Order compeuing an account of au sums due to the Claimant from 2010
tin date.Page 12 b) An Order tracing all funds and assets due to the Claimant from the
inception of the 1 st Defendant to date.
c) An order of specific perfotmance of clauses 8 and 11.0 of the Partnership
Agreement that created the 1 st Defendant by extant partners.
d) An Order for payment to the Claimant by the Defendants, all sums
adjudged to be due to the Claimant on the submission of the Accounts.
e) 10% Interest on (d) above.
DatedtheELdayofEL2o2o
TADE IPADEOLA ESQ
7, NEW ADEOYO HOSPITAL ROAD
OFF RING ROAD
IBADAN
OYO STATE
.``
OO.Com
I:
Tel: 08097309652
.-.-
``, -`f=±: .j=`: ,.-.
/
Whose address within jurisdiction is
11, Folashade Close, Off Falolu Road,
Surulere
Lagos State.
For Service On:
1. The lst Defendant, Alpha Beta Consulting LLP
of Water House, Water Corporation Headquarters,
Ijora, Lagos Lagos State.
2. The 2nd Defendant, Senator Bola Ahmed Tinubu of 26, Bourdillon Road,
Ikogiv Lagos3. The 3rd Defendant, Mr Akin Doherty of Water House, Water Corporation
Headquarters, Ijora, Lagos Labos State andPage 13 IN 'rllE HIGH couRT oF IAGoS STATE
INTIIEIAGOSTUDICIALDIVISION
HOIDEN AT IAGOS
SUIT NO,
BErwEEN: hm oLADApo APARA .............................
cl.AIMANT
qcading under the name and style
lnfiniti Systems Entaprises)
Jrm
1 . AIPIIA-BETA CONSUIJING lip
DEFENDANTS
2. SENATOR BOIA AIThffiD TINUBU
3. nm Alenl DolHRT¥
1. nm IANRE BAMKolE
2. in DAP APARA
Dated this
. : ..... dry of October 2o20.
.,....,,,,,....... '-
E IPADEOIA ESQ
7, NEW ADEO 0 HOSPITAL ROAD
OFF ENG ROAD
IBADAN
OY0 SrA"
7.fff i ,--i-S§
Td: 08097309652
;i\t``\
I;iddesswithinjisdichonis
Jl`:,i
o5Sr
hide ao§e, Off Falolu Road,
11,Foh,i
Sundere
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Logos state.Page 14 IN THE HIGH COURT OF IAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SFE[]N3°3D6cVIwh|2Sap
BETREEN:
MR OLADAPO APARA
.............................
CIAlhENT
(I'rading under the name and style
Infiniti Systems Entexpri§es)
AND
1. ALPHA-BETA CONSULTING ILP
2. SENATOR B0LA AHMED TINUBU
3. MR. AKIN DOHERTY
DEFENDANTS
CLAIMANT'S WITNESS STATERENT ON OATH
I, Lanre Bamkole, Nigerian, male, business man of 27, Oduwobi Street,
Ilupeju, Lagos do hereby make oath and state as follows:
1.
That I am an attorney of the claimant and by that reason I arm familiar with the
facts herein deposed to. The special power of attorney given to me by the
Claimant and dated the 5th day of August 2018 is hereby pleaded.
2.
The lst Defendant is a linited Liability partnership that was retistered in 2010
under the Partnership Law of Lagos State with its office at Water House, Water
Corporation Headquarters, Ijora, Lagos.
3.
The 2nd Defendant is a pohician and fomer Governor of Lagos State
between 1999 and 2007 who at all material times to this suit was a controlling
interest of the 1 st Defendant while hiding his involvement in the lst Defendant
from the public.
The 3rd Defendant parades himself as the Managing Director/Minagivg
Parmer of the lst Defendant.contrary to the provisions of the Partnership
Agreement with his office at Water House, Water Corporation Headquarters,
Ijora, Lagos.Page 15 5.
The 3rd Defendant is not.one of the Partners of the lst Defendant lip but
was also a former Commissioner of Finance under the administration of the
2nd Defendant Bola Ahmed Tinubu.
6.
The main business of the lst Defendant is and has been the computation,
tracking and reconciliation of Intemally Generated Revenue in Lagos State in
return for a commission.
7.
The 2nd Defendant has directed and dictated the affairs of the lst Defendant to
divert assets of the lst Defendant to his (the 2nd Defendant) benefit and to the
detriment of the Claimant.
8.
The claimant avers that the ownership of the lst Defendant and the percentage
of the capital contributed by the partners including the Claimant are as follows:
•
Dapo Apara oTrading under the name
300/o
and style Infiniti Systems Enterprises
• Michael olumide ogunmola (Trading
400/o
under the name and style Momo Consulting)
• Tunde Badejo (Trading under the name
and style Ebo Consult)
•
15O/o
Tunde Badejo (Trading under the name and style Intergrev
150/o
Services)
9.
The Claimant avers that from inception of the lst Defendant, the 2nd
Defendant has been in control of the affairs of the ls' Defendant and that from
the year 2018, AKIN DOHERTY, the 3rd Defendant and SENATOR
B0LA AHMED TINUBU, the 2nd Defendant have assulned fin control of
the financial management of the fim to the exclusion of the Claimant.
10.
The claimant avers that sometime in 2000, he solely conceived, prepared and
presented a proposal to the Lagos State Government on providing consultaney
services using his fim, Infiniti Systems Enterprises, (the Claimant) with respect
to using computerisation to track and reconcile the Internally Generated
Revenue of the State ¢GR). .Page 16 11.
The Claimant avers that fouowing the presentation of his proposal to the Lagos
State Government, the 2nd Defendant q}OLA AHMED TINUBU) who was
at the time the Governor of Lagos State demanded that 70% equity interest in
the project be assigned to a certain Olumide Ogunmola before he, the 2nd
Defendant will approve the project.
12.
The clinant avers that he then met the said olumide ogurmola (who he had
never met before) and it was agreed that a limited habihity company be
incorporated in which the Claimant win hold 300/o shares while Olurnide
Ogurmola and his partners will hold 70°/o of the shares of the company.
13.
The Claimant avers that following the agreement auuded to above; Alpha Beta
Consulting Limited was incorporated in 2002 with the following shareholding
ratio:
• DapoApara
• Olurfude ogurmola
• Adegboyega oyetola
14.
The Claimant avers that upon the commencement of business operations, the
2nd Defendant q}OIA AHMED TINUBU) drected that the 30°/o
shareholding of Adegboyega Oyetola be transferred to one Mr. TUNDE
BADE]O. Ths was done.
15.
The Claimant avers that although he was a signatory to au the bank accounts of
the lst Defendant, payments from the bank accounts of the lst Defendant
required only 2 signatories which was mostly handled between the other two
partners, Messrs Michael Olumide Ogurmola and Tunde Badejo.
16.
The Claimant avers that occasionally when the other two partners in the lst
Defendant apart from the Claimant were not available, then the Claimant will
be involved as a fanback option.
17.
The Claimant avers that after the incorporation of Alpha-Beta Consulting Ltd
in 2002 and structured according to the dictates of the 2nd Defendant q30IA
AHMED TINUBU), the 2nd Defendant in his official capacity as the
Governor of Lagos State then approved that Alpha-Beta Consulting Ltd be
awarded consultancy contract for the assessment and couection on behalf of
the Lagos State Government au taxes and Intemauy Generated Revenue qGR)Page 17 due and payable to the State at a loo/o consultancy fee (subject to a benchmark
which varies from time to time).
18.
The Claimant avers that due to the technoloctcal innovation that was deployed
by him, the Intemauy Generated Revenue of the State grew from a base of
about N10billion per amum in 2002 to over N300bn in 2019.
19.
In year 2010 of thereabout, the 2nd Defendant @OIA AHMED TINUBU)
directed that the incorporation structure of the Alpha-Beta Consulting Ltd be
changed from a limited hability company to a limited liabhity partnership under
a newly promulgated law of the Lagos State Government. The 2nd defendant
explained to the Clinant that the purpose was to further shield the 2nd
Defendant, q30IA AHMED TINUBU'S) involvement in Alpha-Beta
Consulting Ltd from pubhc scrutiny.
20.
The clinant avers that in 2010, based on this drective by the 2nd Defendant
q30IA AHMED TINUBU), the lst Defendant was retistered as a Limited
hiability Partnership to carry on business as information and communication
technology consultants and provide high quahty, value added information
solutions to pfivate and pubhc insrfutions.
21.
The Claimant avers after the reedstration as a Limited Liability Parmership, the
lst Defendant then took over the Lagos State contract previously awarded to
Alpha Beta Consulting Limited.
22.
The Claimant avers that upon the redstration of the ls' Defendant in 2010, a
Partnership Agreement was executed by au the Partners including the Claimant
and Mess fs Michael Olumide Ogunmola and Tunde Badejo.
The Claimant sham at the trial of the suit fely on the Certificate of Reedstration
and the Partnership Agreement.
23.
The claimant avers that the2nd Defendant thereafter drected that Mr. Michael
Olunride Ogunmola be designated as Managing Partner of Alpha Beta
Consulting LLP, whale the Claimant was designated as Deputy Manaang
Partner.
24.
The claimant avers that in 2014 the 2nd Defendant drected that Mr. Michael
Olumide Ogurmola should. cease being the Manadng Partner and the Claimant
then became the Manastg Partner with access to review the financial records.Page 18 25.
Sometime in 2016, the 2nd Defendant @OLA AHMED TINUBU) told the
Clairmnt that he @OIA AHMED TINUBU) has received feedback that
Claimant was reviewing past financial records of the 1 st Defendant. That he was
displeased with this action of the Claimant and therefore intends to bring the
3rd Defendant (AKIN DOHERTY) into the management of the ls' Defendant
as Manaedng Director to take over the financial management of the company,
while the Claimant should revert to his fomer role as Deputy Managing
Director and not get involved in the financial affairs of the ls' Defendant.
26.
The 2nd Defendant @OIA AHMED TINUBU) also warned the claimant not
to even think of exposing his involvement in the financial affairs of the lst
Defendant to the EFCC as the then Acting Chairman of EFCC, Ibrahim Magu,
will always protect him (the 2nd Defendant)
27.
The 2nd Defendant also threatened to use the agencies of the Lagos State
Government such as the Lagos State Internal Revenue serviceqlRS) and the
Lagos State Building Control Agency qjsBCA) to harass and seize the assets of
the Claimant if the Claimant ever betrayed him.
27.
The claimant, disagreed with the 2nd defendant's request that he, the claimant,
should revert to the role of a deputy. Instead the Claimant agreed with the 2nd
Defendant that he will transition to a consultant to the ls' Defendant to
manage the technology and get remunerated on a monthly basis for this task.
28.
Thereafter, the 3rd Defendant was brought to the office premises of the ls'
Defendant by Mr. TUNDE BADEjo, a partner, and introduced to the staff as
the new "Manachng Director" of the 18t Defendant.
29.
Thereafter, MR. TUNDE BADE]O told the claimant that if he (the claimant)
ever came to the office of the lst Defendant he, MR TUNDE BADE]O will
temimte the life of the Claimant. This incident was reported to the police in
2018 and is under investigation.
30.
When the police commenced investigation into this complaint by the plaintiff
in 2018, the 2nd Defendant @OIA AHMED TINUBU) interfered in the
Police investigadon to frustrate it.
31.
On becoming the Manadng Pamer in 2014, the clairmnt sent a Board
resolution to all the bankers of the lst Defendant to remove MR. NICHAEL
OLUMIDE OGUNMOIA as a signatory to all the bank accounts of the lst
Defendant.Page 19 32.
Following this Board Resolution to all the banks, the Claimant and MR
TUNDE BADE]O then remained the only authorised "A" signatories of all
the accounts of the lst defendant able to sign any amount joindy.
33.
Between 2014 after notices to all the banks of the removal of MR. MICHAEL
OLUMIDE OGUNMOIA as signatory to the bank accounts and sometime in
2018, the Clinant and Mr. Tunde Badejo jointly operated the bank accounts
of the 18t Defendant.
34.
However from 2018 to date, MR TUNDE BADE]O, the 3rd Defendant
(AKIN DOHERTY) and 2nd Defendant @OIA AHMED TINUBU) have
conuded to operate the bank accounts of the 18t Defendant amongst
themselves without the involvement of the Clailnant contrary to the subsisting
mandate which sdpulate that the Claimant and MR TUNDE BADE]O jointly
sign any amount as "A" signatories, apart from a limit of N10 million monthly
which may be signed jointly by any "A" and a `q3" signatory. The `B" signatory
was designated as Mf. Bode Oluyemi, an employee of the 18t Defendant.
35.
Suspicious that his sgivature was being forged to enable the 2nd and 3rd
Defendants to operate the bank accounts of the lst Defendant without his
involvement the Claimant exphcidy wrote to all the bankers of the lst
Defendant in February of year 2020 fevoking his mandate for any debit
'
transactions.
36.
The claimant has also written to the banks to provide details of au transactions
in the 18t Defendant's accounts since inception.
37.
The Claimant avers that Clause 8 of the Pamership Agreement which relates
to Profit and I.osses provides as fonows:
`The Partnership's profits and losses (including profits and losses of capital)
sham be divided between and borne by the Partners in proportion to the shares
in its capital for the time being owned by them".
38.
The Claimant avers that the let Defendant Iip has received from the Legos
State Goverrment cornmission for its services estimated at over One hundred
and fifty billion naira prl50 billion) from 2010 to date with the profits of the
Partnership being that sum.minus letitimate costs.
CPage 20 39.
The Claimant avers that despite the huge income made by the 18t Defendant
LLP since 2010 till the present, Messrs Tunde Badejo and Akin Doherty acting
under the direction of the 2nd Defendant breached Clause 8 of the Partnership
Agreement and denied the Clainant his share of the profit from the
partnership as provided in the Agreement.
40.
The Claimant avefs that Messrs Tunde Badejo, Michael Olumide Ogunmola
and Akin Doherty have colluded and conspired to run the affairs of the
?uusspice]sosusinm:nermtaryrme:andsefsefr¥`et:;?d:£pLthigtsLt:e:efiqo¥sto¥:u£:
contrary to the Partnership Agreement.
41.
The claimant avers that some of the suspicious transfers to 3rd parties amongst
many others unknown to the Claimant are as follows:
a) N500,000,000 payment to SW8 Investment Ltd vide payment instruction
dated the 30/12/13
b) $2,989,063.33 USD payment to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/15.
c) $1,407,000 USD payment to to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/15.
d) N25million
payment to
Halizview International
Ltd
vide
payment
e) N39million payment to Halizview International
instruction dated the 3/3/15.
Ltd
vide
payment
f) N38million payment to Halizview International
instruction dated the 6/3/15.
Ltd
vide
payment
instruction dated the 18/3/15.
g) N550million payment to Ocean Trust Ltd vide payment instruction dated
the 15/5/18.
h) N850mjllion payment to Ocean Trust Ltd vide payment instruction dated
the 14/3/15.
i)
Nl billion in Afkar pi:inning Press together with Vintage Press ljimited and
Lagoon Press ljimited in October 2017.Page 21 j) Nl bimon OCEAN AND OIL INVESTMENTS LID (OANDO) various
ines
k) N3.5 billion OCEANIC BANK prow ECOBANK) various ines
1) N100 million IBILE HOLDINGS IAND aJLOT 16/17 BLOCK VI
ONIRU ESTATE)
in) N500 million STARCOMMS (ARANDA RESOURCES)
SHARES
n) N1.4 billion STERI,ING ASSET MANAGEMENT
o) N960 million HITV 300,000,000 SHARES
100,000,000
p) Nll.9 billion SW8 (WEMA BANK)30,909,090 SHARES
The Claimant shall at the trial of the suit rely on the various Letters of
Instructions aforesaid.
42.
The Claimant avers that on becoming the Managing Director of the lst
Defendant LLP in 2014, he undertook a review of the books of accounts of the
lst Defendant but the review was affected by the lack of adequate and in some
occasions, nonexistent account records.
43.
The Claimant avers that during the review of the account records of the ls'
Defendant he carded out, huge sums of money that the lst Defendant earned
over the years was not reflected in the accounts of the lst Defendant.
44.
The Claimant avers that the account review alluded above revealed large scale
fraudulent transactions some of which are stated above and diversion of the lst
Defendant funds running into billions of naira by the 2nd and 3rd Defendants.
45.
The Claimant avers that the 3rd Defendant occupies the office of the lst
Defendant illegally through undue influence of the 2nd Defendant and is
complicit with the 3rd Defendant in conchuing to erode profits of proper
partners in the pamership.
46.
The Claimant shall contend at the trial of the suit that an actions of the 3rd
Defendant acting alone or in connivance with the 2nd Defendant is a
continuing violation of the Laws of Lagos State as it pertains to Partnerships as
well as a violation of the Partnership Agreement through which the lst
Defendant came into existence.Page 22 47.
The Claimant avers that Clauses 11.0 and 20.1 of the Pamership Agreement
provides for the signing of the Annul Accounts of the Parmership by all the
PartnetsindudingtheClalmanttokeepallnecessaryandproperaccountsofau
the partnership transactions.
48.
TheClaimantavefsthatdespitetheclearptovisionsofClausesll.0and20.1of
twihethpaM#e##pARg=eAe.=^enLt^-±u£±_:o_.*=,-S=-tdr£-3-nd.-b=£==£==ts4==L=£
with Mf Tunde Badejo have flagrantly bleached sane as no proper annual
accounts have been signed by the Clainant.
49.
The Claimant avers that the fndure and refusal of the Defendants to deliver
once every year, to the Redstrar, an annual fetums to be cerified by the
parmers of the 18t Defendant which sham contain the true fepfesentation of the
total assets of the parmership at the end of the preceding year, particulars of
indebtednesswasaviolationofSection76oftheParmershipLaw.
50.
The Clinant shall contend at the tdal of the suit that the violations of the
provisions of the Partnership Law by the Defendants is an offence and is
punishable under Section 79 of the Law.
51.
The Claimant avers that fouowing the account review of the lst Defendant and
thetevelationsthatbillionsofnairaeanedbythelstDefendantovertheyears
were not fuuy accounted for, he confronted Mr. Tunde Badejo who then
admtted to him that the funds of the lst Defendant were grossly nrismanaged
??eftheyearsincludingthedivefsionofthelstDefendantfundsforpuxported
)olnt venture puxposes at the direction of the 2nd Defendant and for the
benefitofthe2ndDefendant,@OIAAHMEDTINUBU).
52.
The said parmer confided in the Claimant that it was the style of the 2nd
Defendant to cormpt his office and extort benefits of between 70°/o of more
__
__ __-'' ---- I `, , `, \,I ILL\JLl
from all
;. in
T ^^_^
a.A._
_:,_
_ _ 1he became
,
allnrnif>rt<
projectsnn.o^;r`ft
on-going
Lagos
State
since
Governor in 1999 to
date.
53.
The said partrier further cited as example to the Claimant the Global
Computetisation Project which is being handled by another company of his
calledSof[AllianceandResourcesLimitedandwhefeallthepaymentsreceived
aredivertedtothe2ndDefendanta30IAAHMEDTINUBU).
54.
The Mt. Tunde Badejo also cited the case of the Land Use Charge quc)
Project which followed a siular pattern.Page 23 55.
The Claimant avers that Mr. Tunde Badejo further admitted that the diversion
of the lst Defendant funds over the years nmning into billions of naira into
suspicious accounts was done in a "smart" way to shield the 2nd Defendant
@OIA AHMED TINUBU) from public scnitiny and to hide his assets from
the Code of Conduct Bureau and the anti-corruption agencies.
56.
The claimant avers that Mr. Tunde Badejo stated that the fraudulent diversion
of the 1§t Defendant funds towards the purported repayment of bogus loans to
banks which could not be traced to the books of the lst Defendant and the
complex nature of these transactions necessitated the poor accoLnt record
keeping and in some cases, the non existence of some records and accounts.
57.
The clairmnt avers that these bogus loan repayments are in the main deducted
at source from the Lagos State Government under a standing instruction order
of the 1 St Defendant that the Claimant was not aware of or consented to.
'ili
58.
The Claimant is aware that these bogus loans were facilitated by Skye Bank
(now called Polaris Bank) and other banks. The Claimant has written to Polaris
Bank and other banks to provide au relevant information which will be
presented to the court when provided.
59.
The Claimant avers that after Mr. Tunde Badejo had explained the facts alluded
to above to him, it became clear to him that the lst Defendant Iip in which he
holds 30°/o of the capital was being used for massive corruption purposes
including tax evasion, bribery of government officials, diversion of the funds of
the 1 S' Defendant and money laundering.
60.
The Clairmnt avers that the said Mr. Tunde Badejo thereafter threatened the
Claimant that his rife will be in danger if he ever reveals the admitted facts to
3rd parties.
61.
The Claimant avers that after a thorough and full assessment of the
infomation he received from the said Mr. Tunde Badejo which confirmed the
poor records book keeping of accounts of the 1 S' Defendant and in some cases,
nonexistent accounts, he decided to whistle blow the fraudulent activities of the
Defendants using the 1 St Defendant in which the Claimant is a partner.
62.
The Claimant avers that as a Partner in the ls' Defendant LLP with a 30°/o
capital, he is.entitled to the payment of his dividends from 2010 to date in
accordance with Clause 8 and 11.0 of the Pattnership Agreement.Page 24 Pardculars of Fraud
a) The Claimant avers that the extortion of 70°/o equity of the let Defendant
from him (the Clinant) by the 2nd Defendant @OLA AHMED
TINUBU) as a pre-condition for hing the 2nd Defendant, to perfom his
official duties at the time was abuse of office and a fraud on the claimant.
b) The Claimant avers that the revelations by Mr. Tunde Badejo of gross
mismanagement of the funds of the 18t Defendant by over the years
including the diversion of the ls' Defendant funds for purported joint
venture purposes was a violation of the Partnership Law and the
Partnership Agreement.
c) The Clainant avers that Mr. Tunde Badejo's admission that the diversion of
Fu:p::o::faecncdoa:ttsf:adssd::eefinthae.ysemarfg¥t%i£°e[:#:n2Sn:fDne¥:di::
d) The Client avers that the fraudulent diversion of the lst Defendant funds
to the benefit of the 2nd Defendant, the purported fepayment of huge sums
as bank loans to banks which could not be traced to the books of the 18t
Defendant and the fraudulent complex nature of these transactions
necessitated the poor account record keeping and in some cases, the non
existence of some accounts.
e) The Claimant avers that the dubious and fraudulent payments made to
various 3rd parties as shown in the payment instructions was meant to
barfupt the ls' Defendant and deny the payment of profit to the Claimant.
D The Claimant avers that the lst Defendant LLP in which he holds 300/o of
the capital was being used for massive cormption purposes including tax
evasion, bdbery of government officials, diversion of the funds of the lst
Defendant and money laundefing by the 2nd and 3rd Defendants.
63.
WHEREFORE the clairmnt prays the Honourable court thus:
a) An Order compelling an account of all sums due to the Claimant from 2010
tin date.
b) An Older tracing all fu;ds and assets due to the Claimant from the
inception of the lst Defendant to date.Page 25 c. An order of specific performance of clauses 8 and 11.0 of the Parmership
Agreement that created the 1 st Defendant by extant partners.
d. An Order for payment to the Claimant by the Defendants, all sums
adjudged to be due to the Claimant on the submission of the Accounts.
e.
10% Interest on (d) above.
i.\..-..;-
DEPONENT
:osm5:t5agosdayofo
4----`>
COMMISIONER FOR OATHS
dy.rjc,}t,`jJPage 26 IN THE HIGH COURT 0F IAGOS STATE
IN THE IKFtATUDICIAL DIVISION
HOLDEN AT IRE]A
sulTNo/i
BETVIEN:
MR OLADAPO APARA
.............................
CLAIMANT
(Trading under the name and style
Infihiti Systems Enterprises)
AND
1. ALPHA-BETA CONSULTING Iip
2. SENATOR BOIA AHMED TINUBU
3. MR. AKIN DOHERTY
DEFENDANTS
CIAIMANT'S WITNESS STATEMENT 0N OATH
I, Dapo Apara, Nigerian, male, Chartered Accountant of 27, Oduwobi Street,
Ilupeju, Lagos do hereby make oath and state as fouows:
1.
That I am the chimant in this suit.
2.
The lst Defendant is a Limited Liabhity partnership that was registered in 2010
under the Partnership Law of Lagos State with its office at Water House, Water
Corporation Headquarters, Ijora, Lagos.
The 2nd Defendant is a politician and former Governor of Lagos State
between 1999 and 2007 who at au material mes to this suit was a controlllng
interest of the lst Defendant while hiding his involvement in the lst Defendant
from the public.
The 3rd Defendant parades himself as the Managing Director/Managlng
Partner of the 1`t Defendant contrary to the provisions of the Partnership
Agreement with his office at Water House, Water Corporation Headquarters,
Ijora, Lagos.Page 27 5.
The 3rd Defendant is not one of the Partners of the lst Defendant LLP but
was also a former Commissioner of Finance under the administratlon of the
2nd Defendant Bola Ahmed Tinubu.
The main business of the lst Defendant is and has been the computation,
tracking and reconcillation of Internally Generated Reve?_ue in Lagos State in
return for a commission.
The 2nd Defendant has directed and dictated the affairs of the 1`t Defendant to
divert assets of the 1`' Defendant to his (the 2nd Defendant) beneflt and to the
detrlment of the Claimant.
The Claimant avers that the ownership of the 1`t Defendant and the percentage
of the capital contributed by the partners including the Claimant are as fouows:
•
Dapo Apara (Trading under the name
300/o
and style Infiniti Systems Enterprlses
•
Michael olumide ogunmola (I-fading
40O/o
under the name and style Momo Consulting)
•
Tunde Badejo (Trading under the name
150/o
and style Ebo Consult)
•
Tunde Badejo (Trading under the name and style Intergrev
150/o
Services)
The Claimant avers that from inception of the lst Defendant, the 2nd
Defendant has been in control of the affairs of the 1`t Defendant and that from
the year 2018, AKIN DOHERTY, the 3rd Defendant and SENATORB0IA
AHMED TINUBU, the 2nd Defendant have assumed firm control of the
financial management of the firm to the exclusion of the Claimant.
10.
The Claimant avers that sometime in 2000, he solely conceived, prepared and
presented a proposal to the Lagos State Government on providing consultancy
services using his firm, Inflniti Systems Enterprlses, (the Claimant) with respect
to using computerisation to track and reconcile the Internally Generated
Revenue of the State (IGR).Page 28 11.
The clamant avers that following the presentation of his proposal to the Lagos
State Government, the 2nd Defendant (BOIA AHMED TINUBU) who was
at the tlme the Governor of Lagos State demanded that 70°/o equlty interest in
the project be assigned to a certain Olumide Ogunmola before he, the 2nd
Defendant will approve the project.
12.
The claimant avers that he then met the said olumide ogunmola (who he had
never met before) and it was agreed that a limited llabhity company be
incorporated in which the Claimant will hold 300/o shaf€s while Olumide
Ogunmola and his partners will hold 700/o of the shares of the company.
13.
The Claimant avers that followlng the agreement alluded to above; Alpha Beta
Consulting Limlted was incorporated in 2002 with the following shareholding
ratlo:
•
DapoApara
•
•
Olumide ogunmola
Adegboyega oyetola
14.
The Claimant avers that upon the commencement of business operations, the
2nd Defendant @OLA AHMED TINUBU) dil.ected that the 300/o
shareholding of Adegboyega Oyetola be transferred to one Mr. TUNDE
BADEjo. This was done.
15.
The Claimant avers that although he was a signatory to all the bank accounts of
the 1" Defendant, payments from the bank accounts of the 1`t Dcfcndant
required only 2 signatories which was mostly handled between the other two
partners, Messrs Michael Olumide Ogunmola and Tunde Badejo.
16.
The Claimant avers that occasionally when the other two partners in the lst
Defendant apatt from the Claimant were not available, then the Claimant wlll
be involved as a fallback option.
17.
The Claimant avers that after the incorporation of Alpha-Beta Consulting Ltd
in 2002 and structured according to the dictates of the 2nd Defendant @OLA
AHMED TINUBU), the 2nd Defendant in his of.flcial capacity as the
Governor of Lagos State then approved that Alpha-Beta Consultmg Ltd be
awarded consultancy contract for the assessment and collection on behalf of
the Lagos State Government, all taxes and Internally Generated Revenue (IGR)Page 29 due and payable to the State at a loo/o consultancy fee (subject to a benchmark
which varies from time to time).
18.
The Claimant avers that due to the technological innovation that was deployed
by him, the Internauy Generated Revenue of the State grew from a base of
about N10billion per annum in 2002 to over N300bn in 2019.
19.
In year 2010 or thereabout, the 2nd Defendant @OLA AHMED TINUBU)
directed that the incorporation structure of the Alpha-Beta Consultlng Ltd be
changed from a hmited liability company to a limited liability partnership under
a newly promulgated law of the Lagos State Government. The 2nd defendant
explained to the Claimant that the purpose was to further shield the 2nd
Defendant, a30LA AHMED TINUBU'S) involvement in Alpha-Beta
Consulting Ltd from public scn]tiny.
20.
The Claimant avers that in 2010, based on this dlrectlve by the 2nd Defendant
q30LA AHMED TINUBU), the 1`t Defendant was reglstered as a Limited
Liability Partnership to carry on business as information and communication
technology consultants and provide high ciuallty, value added information
solutions to private and public institutions.
21.
The claimant avers after the registratlon as a Limited Liability partnership, the
1`t Defendant then took over the Lagos State contract previously awarded to
Alpha Beta Consultlng Limited.
22.
The Claimant avers that upon the registration of the 1`' Defendant in 2010, a
Partnership Agreement was executed by au the Partners including the Claimant
and Messrs Michael Olumide Ogunmola and Tunde Badejo.
The Claimant shall at the trial of the suit rely on the Certificate of Registration
and the Partnership Agreement.
23.
The claimant avers that the2nd Defendant thereafter directed that Mr. Michael
Olumide Ogurimola be designated as Managing Partner of Alpha Beta
Consulting LLP, while the Claimant was designated as Deputy Managing
Partner.
24.
The claimant avers that in 2014 the 2nd Defendant directed that Mr. Michael
Olumide Ogunmola should cease being the Managing Partner and the Claimant
then became the Managing Partner with access to review the financial records.Page 30 25.
Sometime in 2016, the 2nd Defendant @OLA AHMED TINUBU) told the
Claimant that he @OLA AHMED TINUBU) has received feedback that
Claimant \vas reviewlng past financial records of the 1`[ Defendant. That he was
displeased with this action of the Claimant and therefore intends to bring the
3rd Defendant (AKIN DOHERTY) into the management of the lbt Defendant
as Managing Director to take over the financial management of the company,
while the Clalmant should revert to his former role as Deputy Managing
Director and not get involved in the financial affairs of the 1" Defendant.
26.
The 2nd Defendant @OLA AHMED TINUBU) also warned the claimant not
to even think of exposing his involvement in the financial affairs of the 1"
Defendant to the EFCC as the then Acting Chairman (o`f EFCC, Ibrahim Magu,
whl always protect him (the 2nd Defendant)
27.
The 2nd Defendant also threatened to use the agencies of the Lagos State
Government such as the Lagos State Internal Revenue service(LIRS) and the
Lagos State Building Control Agency (LSBCA) to harass and seize the assets of
the Claimant if the Claimant ever betrayed him.
27.
The clamant, disagreed with the 2nd defendant's request that he, the claimant,
should revert to the role of a deputy. Instead the Claimant agreed with the 2nd
Defendant that he will transition to a consultant to the 1``t Defendant to
manage the technology and get remunerated on a monthly basis for this task.
28.
Thereafter, the 3rd Defendant \vas brought to the office premises of the 1`[
Defendant by Mr. TUNDE BADE]O, a partner, and introduced to the staff as
the new "Managing Director" of the 1`' Defendant.
29.
Thereafter, MR. TUNDE BADEjo told the claimant that if he (the claimant)
ever came to the office of the 1`t Defendant he, MR. TUNDE BADE|O will
terminate the life of the Claimant. This incident was reported to the police in
2018 and is under investlgatlon.
30.
When the police commenced investigation into this complaint by the plaintiff
in 2018, the 2nd Defendant @OLA AHMED TINUBU) interfered in the
Pollce investlgation to frustrate it.
31.
On becoming the Managing Partner in 2014, the claimant sent a Board
resolutlon to all the bankers of the 1." Defendant to remove MR. MICHAEL
OLUMIDE OGUNMOLA as a signatory to all the bank accounts of the lst
Defendant.Page 31 32.
Followmg this Board Resolution to au the banks, the Claimant and MR.
TUNDE BADEjo then remained the only authorised "A" signatories of all
the accounts of the 1`t defendant able to sign any amount jointly.
33.
Between 2014 after notices to au the banks of the removal of MR. MICHAEL
OLUMIDE OGUNMOLA as signatory to the bank accounts and someine in
2018, the Claimant and Mr. Tunde Badejo jointly operated the bank accounts
of the lst Defendant.
34.
However from 2018 to date, MR. TUNDE BADEjo, the 3rd Defendant
(AKIN DOHERTY) and 2nd Defendant @OLA AHMED TINUBU) have
conuded to operate the bank accounts of the 1" Defendant amongst
themselves \vithout the involvement of the Claimant contrary to the subsisting
mandate which stipulate that the Claimant and MR TUNDE BADEjo jointly
sign any amount as "A" signatories, apart from a Emit of N10 milhon monthly
which may be signed jointly by any "A" and a "8" signatory. The "8" signatory
was designated as M1.. Bode Oluyemi, an employee of the 1`t Defendant.
35.
Suspicious that his signature was being forged to enable the 2nd and 3rd
Defendants to operate the bank accounts of the 1`' @efendant without his
involvement, the Claimant explicitly wrote to au the bankers of the 1"
Defendant in February of year 2020 revoking his mandate for any debit
transactions.
36.
The claimant has also written to the banks to provide detans of all tfansactions
in the 1`t Defendant's accounts since inceptlon.
37.
The Claimant avers that Clause 8 of the Partnership Agreement which relates
to Profit and Losses provides as follows:
"The Partnership's proflts and losses (including profits and losses of capital)
shah be divided between and borne by the Partners in proportion to the shares
in its capital for the time being owned by them".
38.
The Claimant avers that the lst Defendant LLP has received from the Lagos
State Government commission for its services esumated at over One hundred
and flfty billlon naira qul50 billion) from 2010 to date with the profits of the
Partnershlp being that sum minus legitimate costs.Page 32 39.
The Claimant avers that despite the huge income made by the 1" Defendant
LLP since 2010 tin the present, Messrs Tunde Badejo and Akin Doherty actlng
under the direction of the 2nd Defendant breached Clause 8 of the Partnership
Agreement and denied the Claimant his share of the profit from the
partnership as provided in the Agreement.
40.
The Claimant avers that Messrs Tunde Badejo, Michael Olumlde Ogunmola
and Akin Doherty have couuded and conspired to run the affairs of the
business in a manner designed to bankrupt the lst Defendant through
suspicious monetary transfers to 3rd parties running into billions of naira
contrary to the Partnership Agreement.
41.
The Claimant avers that some of the suspicious transfers to 3'd parties amongst
many others unknown to the Claimant are as fouows:
a) N500,000,000 payment to SW8 Investment Ltd vide payment instruction
dated the 30/12/13
b) $2,989,063.33 USD payment to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/15.
c) $1,407,000 USD payment to to Summit Integrated Services Ltd vide
payment instmctlon dated the 18/3/15.
d) N25miuion payment to Hallzview
instruction dated the 18/3/15.
International
Ltd
vide
payment
e) N39mihion payment to Halizview
instruction dated the 3/3/15.
Intei.national
Ltd
vide
payment
f) N38milllon payment to Hallzview
instructlon dated the 6/3/15.
lntematlonal
Ltd
vide
payment
g) N550million payment to Ocean Trust Ltd vide payment instruction dated
the 15/5/18.
h) N850million payment to Ocean Trust Ltd vide payment instruction dated
the 14/3/15.
i)
Nl bilhon in Afkar pinting Press together with Vintage Press Limited and
Lagoon Press Limited in October 2017.Page 33 j)
Nl billion OCEAN AND OIL INVESTMENTS LTD (OANDO) various
tlmes
k) N3.5 billion OCEANIC BANK 0JOW ECOBANK) various times
I)
N100 million IBILE HOLDINGS LAND q'LOT 16/17 BLOCK VI
ONIRU ESTATE)
in) N500 million STARCOMMS (ARANDA RESOURCES)
SHARES
n) N1.4 billion STERLING ASSET MANAGEMENT
o) N960 million HITV
300,000,000 SHARES
100,000,000
p) Nll.9 bihion SW8 (WEMA BANK)30,909,090 SHARES
The Claimant shau at the trial of the suit rely on the various Letters of
Instructions aforesaid.
42.
The Claimant avers that on becoming the Managlng Dir:ctor of the 1`[
Defendant LLP in 2014, he undertook a review of the books of accounts of the
1`t Defendant but the review was affected by the lack of adequate and in some
occasions, nonexistent account records.
43.
The Claimant avers that during the review of the account records of the 1`t
Defendant he carried out, huge sums of money that the 1`{ Defendant earned
over the years was not reflected in the accounts of the 1`' Defendant.
44.
The Claimant avers that the account review alluded above revealed large scale
fraudulent transactions some of which are stated above and diversion of the ls[
Defendant funds running into billions of naira by the 2nd and 3'd Defendants.
45.
The Claimant avers that the 3'd Defendant occupies the offlce of the lst
Defendant illegauy through undue influence of the 2nd Defendant and is
compllcit wlth the 3rd Defendant in continuing to erode profits of proper
partnei.s in the partnership.
46.
The Claimant shah contend at the trial of the suit that all actions of the 3rd
Defendant acting alone or in connivance with the 2nd Defendant is a
contlnuing violation of the Laws of Lagos State as it pertains to Partnerships as
weu as a violation of the Partnership Agreement through which the lst
Defendant came into existence.Page 34 47.
The Claimant avers that Clauses 11.0 and 20.1 of the Partnership Agreement
provldes for the signing of the Annual Accounts of the Partnership by aH the
Partners including the Claimant to keep all necessary and proper accounts of all
the partnership transactions.
48.
The claimant avers that despite the clear provisions ofclauses 11.0 and 20.1 of
the Partnership Agreement alluded to above, the 2nd and 3rd Defendants acting
with Mr Tunde Badejo have flagrantly breached same as no proper annual
accounts have been signed by the Claimant.
49.
The Clainant avers that the falure and refusal of the Defendants to deliver
once every year, to the Registrar, an annual returns to be certlfled by the
partners of the 1" Defendant which shall contain the true representation of the
total assets of the pattnership at the end of the preceding year, partlculars of
indebtedness was a violation of Section 76 of the Partnership Law.
50.
The Claimant shall contend at the trial of the suit that ther\violations of the
provisions of the Partnership Law by the Defendants is an offence and is
punishable under Section 79 of the Law.
51.
The claimant avers that followlng the account review of the l`t Defendant and
the revelatlons that billions of naira earned by the 1``' Defendant over the years
were not fully accounted for, he confronted Mr. Tunde Badejo who then
admitted to him that the funds of the 1" Defendant were grossly mismanaged
over the years including the diversion of the 1" Defendant funds for purported
joint venture purposes at the direction of the 2nd Defendant and for
beneflt of the 2nd Defendant, @OLA AHMED TINUBU).
52.
the
The said partner confided in the Claimant that it was the style of the 2nd
Defendant to corrupt his offlce and extort benefits of between 700/o or more
from all projects on-going in Lagos State since he became Governor in 1999 to
date.
53.
The said partner further cited as example to
the Claimant the Global
Computerlsatlon Project which is being handled by another company of his
called Soft Amance and Resources Limited and where all the payments received
are diverted to the 2nd Defendant q30LA AHMED TINUBU).
54.
The Mr. Tunde Badejo also cited the case of the Land Use Charge quc)
Project which followed a similar pattern.Page 35 55.
The Claimant avers that Mr. Tunde Badejo further admitted that the diversion
of the 1`' Defendant funds over the years running into billions of naira into
suspicious accounts was done in a "smart" way to shield the 2nd Defendant
@OLA AHMED TINUBU) from public scrutiny and to hide his assets from
the Code of Conduct Bureau and the antl-corruptlon agencies.
56.
The claimant avers that Mr. Tunde Badejo stated that the fraudulent diversion
of the lst Defendant funds towards the purported repayment of bogus loans to
banks which could not be traced to the books of the ls' Defendant and the
complex nature of these transactions necessitated the poor account record
keeping and in some cases, the non existence of some records and accounts.
57.
The claimant avers that these bogus loan repayments are in the main deducted
at source from the Lagos State Government under a standing instruction order
of the lst Defendant that the Clalmant was not aware of or consented to.
58.
The Clalmant is aware that these bogus loans \vere facilitated by Skye Bank
(now caued Polarls Bank) and other banks. The Claimant has wrltten to Polaris
Bank and other banks to provide all relevant information which `vin be
presented to the court when provided.
59.
The claimant avers that after Mr. Tunde Badejo had explained the facts auuded
to above to him, it became clear to him that the 1`. Defendant LLP in which he
holds 300/o of the capital was being used for massive corruption purposes
including tax evasion, bribery of government officials, dirersion of the funds of
the 1" Defendant and money laundering.
60.
The Claimant avers that the said Mr. Tunde Badejo thel.eafter threatened the
Claimant that his llfe will be in danger if he ever reveals the admitted facts to
3rd parties.
61.
The Claimant avers that after a thorough and full assessment of the
information he received from the said Mr. Tunde Badejo which conflmed the
poor records book keeping of accounts of the 1 `' Defendant and in some cases,
nonexistent accounts, he decided to whistle blow the fraudulent actlvltles of the
Defendants using the 1 " Defendant in which the Claimant is a partner.
62.
The Claimant avers that as a Partner in the lst Defendant LLP with a 300/o
capital, he is entltled to the payment of his dividends from 2010 to date in
accordance wlth Clause 8 and.11.0 of the Partnership Agreement.Page 36 Particulars of Fraud
a) The Claimant avers that the extortion of 700/o equity of the ls[ Defendant
from him (the Claimant) by the 2nd Defendant @OLA AHMED
TINUBU) as a pre-condition for him, the 2nd Defendant, to perform his
offlcial duties at the tine was abuse of office and a fraud on the claimant.
b) The Claimant avers that the revelatlons by Mr. Tunde Badejo of gross
mismanagement of the funds of the 1" Defendant by over the years
including the diversion of the 1" Defendant funds for purported joint
venture purposes was a vlolatlon of the Partnership Law and the
Partnership Agreement.
c) The Claimant avers that Mr. Tunde Badeio's admission that the diversion of
the 1" Defendant funds over the years running into billions of naira into
suspicious accounts was done in a "smart" way to shleld the 2nd Defendant.
d) The Claimant avers that the fraudulent diversion of the 1" Defendant funds
to the benefit of the 2nd Defendant, the purported repayment of huge sums
as bank loans to banks which could not be traced to the books of the lst
Defendant and the fraudulent complex nature of these transactions
necessitated the poor account record keeping find in some cases, the non
existence of some accounts.
e) The Claimant avers that the dubious and fraudulent payments made to
various 3'd parties as shown in the payment instructions was meant to
bankrupt the 1`t Defendant and deny the payment of profit to the Claimant.
f) The Claimant avers that the 1" Defendant LI.P in which he holds 300/o of
the capital was being used for massive corruption~purposes including tax
evaslon, bribery of government officials, diversion of the funds of the 1"
Defendant and money laundering by the 2nd and 3rd Defendants.
63.
WHEREFORE the claimant prays the Honourable court thus:
a) An Order compelling an account of all sums due to the Claimant from 2010
tlu date.
b) An Order tracing all funds and assets due to the Claimant from the
inception of the 1 st Defendant to date.Page 37 c. An order of specific performance of clauses 8 and 11.0 of the Partnership
Agreement that created the 1 st Defendant by extant partners.
d. An Order for payment to the Claimant by the Defendants, au sums
adjudged to be due to the Claimant on the submission of the Accounts.
e.
100/o Interest on (d) above.
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PDF Page 1
PlainSite Cover Page
PDF Page 2
IN THE HIGH COURT 0F IAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SE]N3°3DGLM+"D
BE-EN:
MR OI.ADAPO APARA
CLAlivENT
(Trading under the name and style
Infiniti Systems Enterprises)
AND
1. ALPHA-BETA CONSULTING Iip
2. SENATOR BOIA AHMED TINUBU
3. MR. AKIN DOHERTY
DEFENDANTS
STATEMENT OF CLAIM
1.
The claimant is a Nigerian and a chartered Accountant who trades under the
name and style of Infiniti Systems Enterprises of 27, Oduwobi Street, Ilupeju,
Lagos.
The 1 st Defendant is a Limited hiability Partnership that was redstered in 2010
under the Partnership Law of Lagos State with its office at Water House, Water
Corporation Headquarters, Ijora, Lagos.
The 2nd Defendantis a politician and former Governor of Lagos State between
1999 and 2007 who at all material times to this suit was a controlling interest of
the lst Defendant while hidinghis involvement in the lst Defendant from the
pubhc.
The 3rd Defendant parades himself as the Managing Director/Manastg
Partner of the 18' Defendant contrary to the provisions of the Partnership
Agreement with his office at Water House, Water Corporation Headquarters,
Ijora, Lagos.
PDF Page 3
5.
The 3rd Defendant is not one of the Partners of the lst Defendant ILP but
was also a fomer Commissioner of Finance under the administration of the
2nd Defendant Bola Ahmed Tinubu.
The main business of the lst Defendant is and has been the computation,
tracking and reconciliation of Intemauy Generated Revenue in Lagos State in
return for a commission.
7.
The 2nd Defendant has directed and dictated the affiirs of the lst Defendant to
divert assets of the 18t Defendant to his (the 2nd Defendant) benefit and to the
detriment of the Claimant.
The Clairmnt avers that the ownership of the ls' Defendant and the percentage
of the capital contributed by the partners including the Claimant are as fouows:
•
Dapo Apara (Trading under the name
30%
and style Infiniti Systems Enterprises
• Michael olumide ogimmola ITrading
under the name and style Mono Consulting)
400/o
• Tunde Badejo (Trading under the name
and style Ebo Consult)
15%
•
Tunde Badejo (Trading under the name and style Intergrev
15%
Services)
The Claimant avers that from inception of the lst Defendant, the 2nd
Defendant has been in control of the affirs of the 18t Defendant and that from
the year 2018, AKIN DOHERTY, the 3rd Defendant and SENATOR BOIA
AHMED TINUBU, the 2nd Defendant have assumed fim control of the
financial management of the fim to the exclusion of the Claimant.
10.
The Claimant avers that sometime in 2000, he solely conceived, prepared and
presented a proposal to the Lagos State Government on providing consultancy
services using his firm, Infiniti Systems Enterprises, (the Claimant) with respect
to using computerisation to track and reconcile the Intemally Generated
Revenue of the State ¢GR).
PDF Page 4
11.
The claimant avers that fouowing the presentation of his proposal to the Lagos
State Government, the 2nd Defendant q30IA AHMED TINUBU) who was
at the time the Governor of Lagos State demanded that 70°/o equity interest in
the project be assigned to a certain Olumide Ogunmola before he, the 2nd
Defendant will approve the project.
12.
The claimant avers that he then met the said olumide ogurmola (who he had
never met before) and it was agreed that a limited habihty company be
incorporated in which the Claimant will hold 30°/o shares while Olundde
Ogurmola and his partners will hold 70% of the shares of the company.
13.
The Claimant avers that foHowing the agreement alluded to above; Alpha Beta
Consulting linited was incorporated in 2002 with the following shareholding
ratio:
• DapoApara
• Oluride ogunmola
• Adegboyega oyetola
14.
The Claimant avers that upon the commencement of business operations, the
2nd Defendant @OIA AHMED HNUBU) directed that the 30°/a
shareholding of Adegboyega Oyetola be transferred to one Mr. TUNDE
BADEjo. This was done.
15.
The Claimant avers that although he was a signatory to all the bank accounts of
the ls' Defendant, payments from the bank accounts of the 18' Defendant
required only 2 signatories which was mostly handled between the other two
partners, Messrs Michael Olumide Ogimmola and Tunde Badejo.
16.
The Claimant avers that occasionally when the other two partners in the lst
Defendant apart from the Claimant were not available, then the Claimant will
be involved as a fullback option.
17.
The Clainant avers that after the incorporation of Alpha-Beta Consulting Ltd
in 2002 and structured according to the dictates of the 2nd Defendant @OIA
AHMED TINUBU), the 2nd Defendant in his official capacity as the
Governor of Lagos State then approved that Alpha-Beta Consulting Ltd be
awarded consultancy contract for the assessment and collection on behalf of
the Lagos State Government, all taxes and Intemauy Generated Revenue qGR)
PDF Page 5
due and payable to the State at a loo/o consultancy fee (subject to a benchmafk
which varies from time to time).
18.
TheClaimantaversthatduetothetechnologicalirmovationthatwasdeployed
by him, the Intemally Generated Revenue of the State grew from a base of
aboutN10bihionpefannumin2002tooverN300bnin2019.
19.
In year 2010 or thereabout, the 2nd Defendant @OLA AHMED TINUBU)
directed that the incoaporation structure of the Alpha-Beta Consuling Ltd be
changedfromahitedliabihtycompanytoahitedhabjlitypartnershipunder
a newly promulgated law of the Lagos State Government. The 2nd defendant
explained to the Claimant that the purpose was to fucher shield the 2nd
Defendant @OLA AHMED TINUBU'S) Involvement in Alpha-Beta
Consulting Ltd from pubtic scmchy.
20.
The claimant avers that in 2010, based on this drective by the 2nd Defendant
a30LA AHMED HNUBU), the let Defendant was redstefed as a Linrited
Liabihty Parmership to carry on business as infomation and communication
technology co.nsultants and provide high quahty, value added infomation
solutions to private and public institutions.
21.
The clarnant avers after the fedstration as a Limited habihty partnership, the
ls` Defendant then took over the Lagos State contract previously awarded to
Alpha Beta Consuling Lindted.
22.
The Claimant avers that upon the redstration of the ls' Defendant in 2010, a
Partnership Agreement was executed by all the Partners including the Claimant
andMessrsMichaelOlumideOgurmolaandTundeBadejo.
The Claimant sham at the tnal of the suit rely on the Ceftificate of Registration
and the Partnership Agreement.
23.
The claimant avers that the2nd Defendant thereafter directed that Mr. Mchael
Olunide Ogunmola be designated as Managing Pamer of Alpha Beta
Consuling LLP, while the Claimant was designated as Deputy Managing
Pamet.
24.
The claimant avers that in 2014 the 2nd Defendant directed that Mr. Michael
OlumideOgurmolashouldceasebeingtheManachgPamerandtheClaimant
then became the Manachg Parmet with access to review the financial records.
PDF Page 6
25.
Sometime in 2016, the 2nd Defendant a)OLA AHMED TINUBU) told the
Claimant that he @OLA AHMED TINUBU) has received feedback that
Claimant was reviewing past financial records of the lst Defendant. That he was
displeased with this action of the Claimant and therefore intends to bring the
3rd Defendant (AKIN DOHERTY) into the management of the lst Defendant
as Manaedng Director to take over the financial management of the company,
while the Claimant should revert to his former role as Deputy Managing
Director and not get involved in the financial affirs of the 1 St Defendant.
26.
The 2nd Defendant @OIA AHMED TINUBU) also warned the claimant not
to even think of exposing his involvement in the financial affairs of the lst
Defendant to the EFCC as the then Acting Chaiman of EFCC, Ibrahim Magu,
will always protect him (the 2nd Defendant)
27.
The 2nd Defendant also threatened to use the agencies of the Lagos State
Government such as the Lagos State Internal Revenue serviceqlRS) and the
Lagos State Bulding Control Agency a.SBCA) to harass and seize the assets of
the Clainant if the Claimant ever betrayed hin.
27.
The claimant, disagreed with the 2nd defendant's request that he, the claimant,
should revert to the role of a deputy. Instead the Claimant agreed with the 2nd
Defendant that he will transition to a consultant to the 13t Defendant to
manage the technology and get remunerated on a monthly basis for this task.
28.
Thereafter, the 3rd Defendant was brought to the office premises of the let
Defendant by Mr. TUNDE BADEjo, a pattnef, and introduced to the staff as
the new "Manactng Director" of the 1 st Defendant.
29.
Thereafter, MR. TUNDE BADEjo told the claimant that if he (the claimant)
ever came to the office of the 18[ Defendant he, MR. TUNDE BADE]O win
terminate the life of the Clainant. This incident was reported to the pohice in
2018 and is under investigation.
30.
When the pohice commenced investigation into this complaint by the plaintiff
in 2018, the 2nd Defendant @OIA AHMED TINUBU) interfered in the
Pohice investigation to fnistrate it.
31.
On becoming the Managing Partner in 2014, the claimant sent a Board
resolution to al the bankers.of the 18' Defendant to remove MR. MICIIAEL
OLUMIDE OGUNMOIA as a signatory to all the bank accounts of the lst
Defendant.
PDF Page 7
32.
Following this Board Resolution to an the banks, the Claimant and MR.
TUNDE BADEjo then remained the only authorised ``A" signatories of all
the accounts of the lst defendant able to sign any amount jointly.
33.
Between 2014 after notices to all the banks of the removal of MR. MICIIAEL
OLUMIDE OGUNMOIA as signatory to the bank accounts and sometime in
2018, the Clainiant and Mr. Tunde Badejo jointly operated the bank accounts
of the lst Defendant.
34.
However from 2018 to date, MR. TUNDE BADE]O, the 3fd Defendant
(AKIN DOHERTY) and 2nd Defendant q30IA AHMED TINUBU) have
colluded to operate the bank accounts of the 18t Defendant amongst
themselves without the involvement of the Claimant contrary to the subsisting
mandate which stipulate that the Claimant and MR TUNDE BADE]O jointly
sign any amount as "A" signatories, apart from a limit of N10 million monthly
which may be signed jointly by any "A" and a "8" signatory. The "8" signatory
was designated as Mr. Bode Oluyemi, an employee of the 1 St Defendant.
35.
Suspicious that his signature was being forged to enable the 2nd and 3rd
Defendants to operate the bank accounts of the lst Defendant without his
involvement, the Claimant expncitly wrote to au the bankers of the lst
Defendant in February of year 2020 revoking his mandate for any debit
transactions.
36.
The claimant has also written to the banks to provide details of all transactions
in the 18' Defendant's accounts since inception.
37.
The Claimant avers that Clause 8 of the Partnership Agreement which relates
to Profit and Losses provides as fouows:
"The Partnership's profits and losses (including profits and losses of capital)
shall be divided between and borne by the Partners in proportion to the shares
in its capital for the time being owned by them".
38.
The Chimant avers that the lst Defendant LLP has received from the Lagos
State Government commission for its services estimated at over One hundred
and fifty bihion naira Q`J150 billion) from 2010 to date with the profits of the
Pattnership being that sum minus legitimate costs.
PDF Page 8
39.
The Claimant avers that despite the huge income made by the lst Defendant
Iip since 2010 un the present Mess fs Tunde Badejo and Akin Doherty acchg
under the direction of the 2nd Defendant breached Clause 8 of the Partnership
Agreement and denied the Claimant his share of the profit from the
parmership as provided in the Agreement.
40.
The Claimant avers that Messrs Tunde Badejo, Michael Olunride Ogunmola
and Akin Doherty have conuded and conspired to run the affirs of the
busine.ss in a marmer designed to bankrupt the 18t Defendant through
suspicious monetary transfers to 3rd parties running into bihions of naira
contrary to the Partnership Agreement.
41.
The Claimant avers that some of the suspicious transfers to 3rd parties amongst
many others unknown to the Claimant are as fouows:
a) N500,000,000 payment to SW8 Investment Ltd vide payment instruction
dated the 30/12/13
b) $2,989,063.33 USD payment to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/1.5.
c) $1,407,000 USD payment to to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/15.
d) N25million payment to Ha]izview International
instruction dated the 18/3/15.
Ltd
vide
payment
e) N39million payment to Halizview International Ltd
instruction dated the 3/3/15.
vide
payment
I) N38million payment to Halizview International
instruction dated the 6/3/15.
vide
payment
Ltd
g) N550million payment to Ocean Trust Ltd vide payment instruction dated
the 15/5/18.
h) N850million payment to Ocean Tmst Ltd vide payment instruction dated
the 14/3/15.
i) Nl bihion in Afkar printing Press together with Vintage Press Limited and
Lagoon Press Limited in October 2017.
PDF Page 9
i) Nl bihion OCEAN AND OIL INVESTMENTS LID (OANDO) various
ines
k) N3.5 binon OCEANIC BANK avow ECOBANK) various ines
I) N100 million IBILE HOLDINGS LAND q'LOT 16/17 BLOCK VI
ONIRU ESTATE)
in) N500 million STARCOMMS (ARANDA RESOURCES)
SHARES
100,000,000
n) N1.4 billion STERLING ASSET MANAGERENT
o) N960 minion HITV 300,000,000 SIIARES
p) Nll.9 billion SW8 (WEMA BANK)30,909,090 SIIARES
The Claimant shall at the trial of the suit rely on the vafious Letters of
Instructions afores aid.
42.
The Clainant avers that on becoming the Managing Directot of the lst
Defendant LLP in 2014, he undertook a review of the books of accounts of the
ls' Defendant but the review was affected by the lack of adequate and in some
occasions, nonexistent account records.
43.
The Claimant avers that during the feview of the account records of the lst
Defendant he carried out, huge sums of money that the 18t Defendant earned
over the years was not reflected in the accounts of the ls' Defendant.
44.
The claimant avers that the account review alluded above revealed large scale
fraudulent transactions some of which are stated above and diversion of the lst
Defendant funds running into billions of naira by the 2nd and 3`d Defendants.
45.
The Claimant avers that the 3ed Defendant occupies `the office of the lst
Defendant illegally through undue influence of the 2nd Defendant and is
complicit with the 3rd Defendant in continuing to erode profits of proper
parmers in the parmership.
46.
The Claimant shall contend at the trial of the suit that au actions of the 3rd
Defendant acting alone or in connivance with the 2nd Defendant is a
continuing violation of the Laws of Lagos State as it pertains to Partnerships as
well as a violation of the Pamership Agreement through which the lst
Defendant came into existence.
PDF Page 10
47.
The Claimant avers that Clauses 11.0 and 20.1 of the Partnership Agreement
provides for the signing of the Armual Accounts of the Partnership by all the
Partners including the Claimant to keep all necessary and proper accounts of all
the partnership transactions.
48.
The claimant avers that despite the clear provisions of clauses 11.0 and 20.1 of
the Partnership Agreement anuded to above, the 2nd and 3rd Defendants acting
with Mr Tunde Badejo have flagrantly breached same as no proper annual
accounts have been signed by the Clainant.
49.
The Claimant avers that the falure and refusal of the Defendants to deliver
once every year, to the Retistrar, an annual returns to be cerified by the
partners of the 1§' Defendant which shall contain the true representation of the
total assets of the partnetship at the end of the preceding year, particulars of
indebtedness was a violation of Section 76 of the Partnership Law.
50.
The Claimant shall contend at the trial of the suit that the violations of the
provisions of the Partnership Law by the Defendants is an offence and is
punishable under Section 79 of the Law.
51.
The claimant avers that following the account review of the ls' Defendant and
the revelations that billions of naira earned by the 1§' Defendant over the years
were not fully accounted for, hc confronted Mr. Tunde Badejo who then
admitted to him that the funds of the lst Defendant were grossly mismanaged
over the years including the diversion of the let Defendant funds for purported
joint venture purposes at the direction of the 2nd Defendant and for
benefit of the 2nd Defendant, @OLA AIIMED TINUBU).
52.
the
The said parmer confided in the Claimant that it was the style of the 2nd
Defendant to corrupt his office and extort benefits of between 70°/o or more
from all projects on-going in Lagos State since he became Governor in 1999 to
date.
53.
The said partner further cited as example to the Claimant the Global
Computerisation Project which is being handled by another company of his
called Soft Alliance and Resources I.imited and where all the payments received
are diverted to the 2nd Defendant @OIA AHMED TINUBU).
54.
The Mr. Tunde Badejo also cited the case of the Land Use Charge quc)
Project which followed a similar pattern.
PDF Page 11
55.
The Chimant avers that Mr. Tunde Badejo further admitted that the diversion
of the lst Defendant funds over the years running into bilhions of naira into
suspicious accounts was done in a "smart" way to shield the 2nd Defendant
@OIA AHMED TINUBU) from public scruchy and to hide his assets from
the Code of Conduct Bureau and the anti-corruption agencies.
56.
The claimant avers that Mr. Tunde Badejo stated that the fraudulent diversion
of the lst Defendant funds towards the purported repayment of bogus loans to
banks which could not be traced to the books of the ls' Defendant and the
complex nature of these transactions necessitated the poor account record
keeping and in some cases, the non existence of some records and accounts.
57.
The claimant avers that these bogus loan repayments ate in the main deducted
at source from the Lagos State Government under a standing instruction order
of the 1 St Defendant that the Claimant was not aware of or consented to.
58.
The Claimant is aware that these bogus loans were facilitated by Skye Bank
(now caned Polaris Bank) and other banks. The Claimant has written to Polaris
Bank and other banks to provide all relevant information which will be
presented to the court when provided.
59.
The claimant avers that after Mr. Tunde Badejo had explained the facts alluded
to above to him, it became clear to him that the ls' Defendant LLP in which he
holds 30°/o of the capital was being used for massive cofruption purposes
including tax evasion, bribery of government officials, diversion of the funds of
the 1 st Defendant and money laundering.
60.
The Claimant avers that the said Mr. Tunde Badejo thereafter threatened the
Claimant that his life will be in danger if he ever reveals the admitted facts to
3rd parties.
61.
The Claimant avers that after a thorough and full assessment of the
information he received from the said Mr. Tunde Badejo which confirmed the
poor records book keeping of accounts of the lst Defendant and in some cases,
nonexistent accounts, he decided to whistle blow the fraudulent activities of the
Defendants using the 1 S' Defendant in which the Claimant is a partner.
62.
The Claimant avers that as a Partner in the lst Defendant Iip with a 300/o
capital, he is entitled to the Payment of his dividends from 2010 to date in
accordance with Clause 8 and 11.0 of the Partnership Agreement.
PDF Page 12
Pardculars of Fraud
a) The Claimant avers that the extortion of 700/o equity of the ls' Defendant
from him (the Claimant) by the 2nd Defendant q30IA AHMED
TINUBU) as a pre-condition for him, the 2nd Defendant, to perfom his
official dutiesat the time was abuse of office and a fraud on the claimant.
b) The Claimant avers that the reveladons by Mr. Tunde Badejo of gross
mismanagement of the funds of the lst Defendant by over the years
including the diversion of the lst Defendant funds for purported joint
venture purposes was a violation of the Partnership Law and the
Partnership Agreement.
c) The Claimant avers that M. Tunde Badejo's admission that the divetsio? of
the ls' Defendant funds over the years running into biuions of naira into
suspicious accounts was done in a "smart" way to shield the 2nd Defendant.
d) The Claimant avers that the fraudulent diversion of the lst Defendant funds
to the benefit of the 2nd Defendant, the purported repayment of huge sums
as bank loans to banks which could not be traced to the books of the lst
Defendant and the fraudulent complex nature of these transacdons
necessitated the poor account record keeping and in some cases, the non
existence of some accounts.
e) The Claimant avers that the dubious and fraudulent payments made to
various 3rd parties as shown in the payment instructions was meant to
bankmpt the lst Defendant and deny the payment of profit to the Claimant.
I) The Claimant avers that the lst Defendant LLP in which he holds 300/o of
the capiul was being used for massive corruption purposes including tax
evasion, bribery of government officials, diversion of the funds of the lst
Defendant and money laundering by the 2nd, 3rdDefendants.
63.
WHEREFORE the Claimant claims against the defendants jointly and severally
as follows:
a) An Order compeuing an account of au sums due to the Claimant from 2010
tin date.
PDF Page 13
b) An Order tracing all funds and assets due to the Claimant from the
inception of the 1 st Defendant to date.
c) An order of specific perfotmance of clauses 8 and 11.0 of the Partnership
Agreement that created the 1 st Defendant by extant partners.
d) An Order for payment to the Claimant by the Defendants, all sums
adjudged to be due to the Claimant on the submission of the Accounts.
e) 10% Interest on (d) above.
DatedtheELdayofEL2o2o
TADE IPADEOLA ESQ
7, NEW ADEOYO HOSPITAL ROAD
OFF RING ROAD
IBADAN
OYO STATE
.``
OO.Com
I:
Tel: 08097309652
.-.-
``, -`f=±: .j=`: ,.-.
/
Whose address within jurisdiction is
11, Folashade Close, Off Falolu Road,
Surulere
Lagos State.
For Service On:
1. The lst Defendant, Alpha Beta Consulting LLP
of Water House, Water Corporation Headquarters,
Ijora, Lagos Lagos State.
2. The 2nd Defendant, Senator Bola Ahmed Tinubu of 26, Bourdillon Road,
Ikogiv Lagos3. The 3rd Defendant, Mr Akin Doherty of Water House, Water Corporation
Headquarters, Ijora, Lagos Labos State and
PDF Page 14
IN 'rllE HIGH couRT oF IAGoS STATE
INTIIEIAGOSTUDICIALDIVISION
HOIDEN AT IAGOS
SUIT NO,
BErwEEN: hm oLADApo APARA .............................
cl.AIMANT
qcading under the name and style
lnfiniti Systems Entaprises)
Jrm
1 . AIPIIA-BETA CONSUIJING lip
DEFENDANTS
2. SENATOR BOIA AIThffiD TINUBU
3. nm Alenl DolHRT¥
1. nm IANRE BAMKolE
2. in DAP APARA
Dated this
. : ..... dry of October 2o20.
.,....,,,,,....... '-
E IPADEOIA ESQ
7, NEW ADEO 0 HOSPITAL ROAD
OFF ENG ROAD
IBADAN
OY0 SrA"
7.fff i ,--i-S§
Td: 08097309652
;i\t``\
I;iddesswithinjisdichonis
Jl`:,i
o5Sr
hide ao§e, Off Falolu Road,
11,Foh,i
Sundere
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PDF Page 15
IN THE HIGH COURT OF IAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SFE[]N3°3D6cVIwh|2Sap
BETREEN:
MR OLADAPO APARA
.............................
CIAlhENT
(I'rading under the name and style
Infiniti Systems Entexpri§es)
AND
1. ALPHA-BETA CONSULTING ILP
2. SENATOR B0LA AHMED TINUBU
3. MR. AKIN DOHERTY
DEFENDANTS
CLAIMANT'S WITNESS STATERENT ON OATH
I, Lanre Bamkole, Nigerian, male, business man of 27, Oduwobi Street,
Ilupeju, Lagos do hereby make oath and state as follows:
1.
That I am an attorney of the claimant and by that reason I arm familiar with the
facts herein deposed to. The special power of attorney given to me by the
Claimant and dated the 5th day of August 2018 is hereby pleaded.
2.
The lst Defendant is a linited Liability partnership that was retistered in 2010
under the Partnership Law of Lagos State with its office at Water House, Water
Corporation Headquarters, Ijora, Lagos.
3.
The 2nd Defendant is a pohician and fomer Governor of Lagos State
between 1999 and 2007 who at all material times to this suit was a controlling
interest of the 1 st Defendant while hiding his involvement in the lst Defendant
from the public.
The 3rd Defendant parades himself as the Managing Director/Minagivg
Parmer of the lst Defendant.contrary to the provisions of the Partnership
Agreement with his office at Water House, Water Corporation Headquarters,
Ijora, Lagos.
PDF Page 16
5.
The 3rd Defendant is not.one of the Partners of the lst Defendant lip but
was also a former Commissioner of Finance under the administration of the
2nd Defendant Bola Ahmed Tinubu.
6.
The main business of the lst Defendant is and has been the computation,
tracking and reconciliation of Intemally Generated Revenue in Lagos State in
return for a commission.
7.
The 2nd Defendant has directed and dictated the affairs of the lst Defendant to
divert assets of the lst Defendant to his (the 2nd Defendant) benefit and to the
detriment of the Claimant.
8.
The claimant avers that the ownership of the lst Defendant and the percentage
of the capital contributed by the partners including the Claimant are as follows:
•
Dapo Apara oTrading under the name
300/o
and style Infiniti Systems Enterprises
• Michael olumide ogunmola (Trading
400/o
under the name and style Momo Consulting)
• Tunde Badejo (Trading under the name
and style Ebo Consult)
•
15O/o
Tunde Badejo (Trading under the name and style Intergrev
150/o
Services)
9.
The Claimant avers that from inception of the lst Defendant, the 2nd
Defendant has been in control of the affairs of the ls' Defendant and that from
the year 2018, AKIN DOHERTY, the 3rd Defendant and SENATOR
B0LA AHMED TINUBU, the 2nd Defendant have assulned fin control of
the financial management of the fim to the exclusion of the Claimant.
10.
The claimant avers that sometime in 2000, he solely conceived, prepared and
presented a proposal to the Lagos State Government on providing consultaney
services using his fim, Infiniti Systems Enterprises, (the Claimant) with respect
to using computerisation to track and reconcile the Internally Generated
Revenue of the State ¢GR). .
PDF Page 17
11.
The Claimant avers that fouowing the presentation of his proposal to the Lagos
State Government, the 2nd Defendant q}OLA AHMED TINUBU) who was
at the time the Governor of Lagos State demanded that 70% equity interest in
the project be assigned to a certain Olumide Ogunmola before he, the 2nd
Defendant will approve the project.
12.
The clinant avers that he then met the said olumide ogurmola (who he had
never met before) and it was agreed that a limited habihity company be
incorporated in which the Claimant win hold 300/o shares while Olurnide
Ogurmola and his partners will hold 70°/o of the shares of the company.
13.
The Claimant avers that following the agreement auuded to above; Alpha Beta
Consulting Limited was incorporated in 2002 with the following shareholding
ratio:
• DapoApara
• Olurfude ogurmola
• Adegboyega oyetola
14.
The Claimant avers that upon the commencement of business operations, the
2nd Defendant q}OIA AHMED TINUBU) drected that the 30°/o
shareholding of Adegboyega Oyetola be transferred to one Mr. TUNDE
BADE]O. Ths was done.
15.
The Claimant avers that although he was a signatory to au the bank accounts of
the lst Defendant, payments from the bank accounts of the lst Defendant
required only 2 signatories which was mostly handled between the other two
partners, Messrs Michael Olumide Ogurmola and Tunde Badejo.
16.
The Claimant avers that occasionally when the other two partners in the lst
Defendant apart from the Claimant were not available, then the Claimant will
be involved as a fanback option.
17.
The Claimant avers that after the incorporation of Alpha-Beta Consulting Ltd
in 2002 and structured according to the dictates of the 2nd Defendant q30IA
AHMED TINUBU), the 2nd Defendant in his official capacity as the
Governor of Lagos State then approved that Alpha-Beta Consulting Ltd be
awarded consultancy contract for the assessment and couection on behalf of
the Lagos State Government au taxes and Intemauy Generated Revenue qGR)
PDF Page 18
due and payable to the State at a loo/o consultancy fee (subject to a benchmark
which varies from time to time).
18.
The Claimant avers that due to the technoloctcal innovation that was deployed
by him, the Intemauy Generated Revenue of the State grew from a base of
about N10billion per amum in 2002 to over N300bn in 2019.
19.
In year 2010 of thereabout, the 2nd Defendant @OIA AHMED TINUBU)
directed that the incorporation structure of the Alpha-Beta Consulting Ltd be
changed from a limited hability company to a limited liabhity partnership under
a newly promulgated law of the Lagos State Government. The 2nd defendant
explained to the Clinant that the purpose was to further shield the 2nd
Defendant, q30IA AHMED TINUBU'S) involvement in Alpha-Beta
Consulting Ltd from pubhc scrutiny.
20.
The clinant avers that in 2010, based on this drective by the 2nd Defendant
q30IA AHMED TINUBU), the lst Defendant was retistered as a Limited
hiability Partnership to carry on business as information and communication
technology consultants and provide high quahty, value added information
solutions to pfivate and pubhc insrfutions.
21.
The Claimant avers after the reedstration as a Limited Liability Parmership, the
lst Defendant then took over the Lagos State contract previously awarded to
Alpha Beta Consulting Limited.
22.
The Claimant avers that upon the redstration of the ls' Defendant in 2010, a
Partnership Agreement was executed by au the Partners including the Claimant
and Mess fs Michael Olumide Ogunmola and Tunde Badejo.
The Claimant sham at the trial of the suit fely on the Certificate of Reedstration
and the Partnership Agreement.
23.
The claimant avers that the2nd Defendant thereafter drected that Mr. Michael
Olunride Ogunmola be designated as Managing Partner of Alpha Beta
Consulting LLP, whale the Claimant was designated as Deputy Manaang
Partner.
24.
The claimant avers that in 2014 the 2nd Defendant drected that Mr. Michael
Olumide Ogurmola should. cease being the Manadng Partner and the Claimant
then became the Manastg Partner with access to review the financial records.
PDF Page 19
25.
Sometime in 2016, the 2nd Defendant @OLA AHMED TINUBU) told the
Clairmnt that he @OIA AHMED TINUBU) has received feedback that
Claimant was reviewing past financial records of the 1 st Defendant. That he was
displeased with this action of the Claimant and therefore intends to bring the
3rd Defendant (AKIN DOHERTY) into the management of the ls' Defendant
as Manaedng Director to take over the financial management of the company,
while the Claimant should revert to his fomer role as Deputy Managing
Director and not get involved in the financial affairs of the ls' Defendant.
26.
The 2nd Defendant @OIA AHMED TINUBU) also warned the claimant not
to even think of exposing his involvement in the financial affairs of the lst
Defendant to the EFCC as the then Acting Chairman of EFCC, Ibrahim Magu,
will always protect him (the 2nd Defendant)
27.
The 2nd Defendant also threatened to use the agencies of the Lagos State
Government such as the Lagos State Internal Revenue serviceqlRS) and the
Lagos State Building Control Agency qjsBCA) to harass and seize the assets of
the Claimant if the Claimant ever betrayed him.
27.
The claimant, disagreed with the 2nd defendant's request that he, the claimant,
should revert to the role of a deputy. Instead the Claimant agreed with the 2nd
Defendant that he will transition to a consultant to the ls' Defendant to
manage the technology and get remunerated on a monthly basis for this task.
28.
Thereafter, the 3rd Defendant was brought to the office premises of the ls'
Defendant by Mr. TUNDE BADEjo, a partner, and introduced to the staff as
the new "Manachng Director" of the 18t Defendant.
29.
Thereafter, MR. TUNDE BADE]O told the claimant that if he (the claimant)
ever came to the office of the lst Defendant he, MR TUNDE BADE]O will
temimte the life of the Claimant. This incident was reported to the police in
2018 and is under investigation.
30.
When the police commenced investigation into this complaint by the plaintiff
in 2018, the 2nd Defendant @OIA AHMED TINUBU) interfered in the
Police investigadon to frustrate it.
31.
On becoming the Manadng Pamer in 2014, the clairmnt sent a Board
resolution to all the bankers of the lst Defendant to remove MR. NICHAEL
OLUMIDE OGUNMOIA as a signatory to all the bank accounts of the lst
Defendant.
PDF Page 20
32.
Following this Board Resolution to all the banks, the Claimant and MR
TUNDE BADE]O then remained the only authorised "A" signatories of all
the accounts of the lst defendant able to sign any amount joindy.
33.
Between 2014 after notices to all the banks of the removal of MR. MICHAEL
OLUMIDE OGUNMOIA as signatory to the bank accounts and sometime in
2018, the Clinant and Mr. Tunde Badejo jointly operated the bank accounts
of the 18t Defendant.
34.
However from 2018 to date, MR TUNDE BADE]O, the 3rd Defendant
(AKIN DOHERTY) and 2nd Defendant @OIA AHMED TINUBU) have
conuded to operate the bank accounts of the 18t Defendant amongst
themselves without the involvement of the Clailnant contrary to the subsisting
mandate which sdpulate that the Claimant and MR TUNDE BADE]O jointly
sign any amount as "A" signatories, apart from a limit of N10 million monthly
which may be signed jointly by any "A" and a `q3" signatory. The `B" signatory
was designated as Mf. Bode Oluyemi, an employee of the 18t Defendant.
35.
Suspicious that his sgivature was being forged to enable the 2nd and 3rd
Defendants to operate the bank accounts of the lst Defendant without his
involvement the Claimant exphcidy wrote to all the bankers of the lst
Defendant in February of year 2020 fevoking his mandate for any debit
'
transactions.
36.
The claimant has also written to the banks to provide details of au transactions
in the 18t Defendant's accounts since inception.
37.
The Claimant avers that Clause 8 of the Pamership Agreement which relates
to Profit and I.osses provides as fonows:
`The Partnership's profits and losses (including profits and losses of capital)
sham be divided between and borne by the Partners in proportion to the shares
in its capital for the time being owned by them".
38.
The Claimant avers that the let Defendant Iip has received from the Legos
State Goverrment cornmission for its services estimated at over One hundred
and fifty billion naira prl50 billion) from 2010 to date with the profits of the
Partnership being that sum.minus letitimate costs.
C
PDF Page 21
39.
The Claimant avers that despite the huge income made by the 18t Defendant
LLP since 2010 till the present, Messrs Tunde Badejo and Akin Doherty acting
under the direction of the 2nd Defendant breached Clause 8 of the Partnership
Agreement and denied the Clainant his share of the profit from the
partnership as provided in the Agreement.
40.
The Claimant avefs that Messrs Tunde Badejo, Michael Olumide Ogunmola
and Akin Doherty have colluded and conspired to run the affairs of the
?uusspice]sosusinm:nermtaryrme:andsefsefr¥`et:;?d:£pLthigtsLt:e:efiqo¥sto¥:u£:
contrary to the Partnership Agreement.
41.
The claimant avers that some of the suspicious transfers to 3rd parties amongst
many others unknown to the Claimant are as follows:
a) N500,000,000 payment to SW8 Investment Ltd vide payment instruction
dated the 30/12/13
b) $2,989,063.33 USD payment to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/15.
c) $1,407,000 USD payment to to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/15.
d) N25million
payment to
Halizview International
Ltd
vide
payment
e) N39million payment to Halizview International
instruction dated the 3/3/15.
Ltd
vide
payment
f) N38million payment to Halizview International
instruction dated the 6/3/15.
Ltd
vide
payment
instruction dated the 18/3/15.
g) N550million payment to Ocean Trust Ltd vide payment instruction dated
the 15/5/18.
h) N850mjllion payment to Ocean Trust Ltd vide payment instruction dated
the 14/3/15.
i)
Nl billion in Afkar pi:inning Press together with Vintage Press ljimited and
Lagoon Press ljimited in October 2017.
PDF Page 22
j) Nl bimon OCEAN AND OIL INVESTMENTS LID (OANDO) various
ines
k) N3.5 billion OCEANIC BANK prow ECOBANK) various ines
1) N100 million IBILE HOLDINGS IAND aJLOT 16/17 BLOCK VI
ONIRU ESTATE)
in) N500 million STARCOMMS (ARANDA RESOURCES)
SHARES
n) N1.4 billion STERI,ING ASSET MANAGEMENT
o) N960 million HITV 300,000,000 SHARES
100,000,000
p) Nll.9 billion SW8 (WEMA BANK)30,909,090 SHARES
The Claimant shall at the trial of the suit rely on the various Letters of
Instructions aforesaid.
42.
The Claimant avers that on becoming the Managing Director of the lst
Defendant LLP in 2014, he undertook a review of the books of accounts of the
lst Defendant but the review was affected by the lack of adequate and in some
occasions, nonexistent account records.
43.
The Claimant avers that during the review of the account records of the ls'
Defendant he carded out, huge sums of money that the lst Defendant earned
over the years was not reflected in the accounts of the lst Defendant.
44.
The Claimant avers that the account review alluded above revealed large scale
fraudulent transactions some of which are stated above and diversion of the lst
Defendant funds running into billions of naira by the 2nd and 3rd Defendants.
45.
The Claimant avers that the 3rd Defendant occupies the office of the lst
Defendant illegally through undue influence of the 2nd Defendant and is
complicit with the 3rd Defendant in conchuing to erode profits of proper
partners in the pamership.
46.
The Claimant shall contend at the trial of the suit that an actions of the 3rd
Defendant acting alone or in connivance with the 2nd Defendant is a
continuing violation of the Laws of Lagos State as it pertains to Partnerships as
well as a violation of the Partnership Agreement through which the lst
Defendant came into existence.
PDF Page 23
47.
The Claimant avers that Clauses 11.0 and 20.1 of the Pamership Agreement
provides for the signing of the Annul Accounts of the Parmership by all the
PartnetsindudingtheClalmanttokeepallnecessaryandproperaccountsofau
the partnership transactions.
48.
TheClaimantavefsthatdespitetheclearptovisionsofClausesll.0and20.1of
twihethpaM#e##pARg=eAe.=^enLt^-±u£±_:o_.*=,-S=-tdr£-3-nd.-b=£==£==ts4==L=£
with Mf Tunde Badejo have flagrantly bleached sane as no proper annual
accounts have been signed by the Clainant.
49.
The Claimant avers that the fndure and refusal of the Defendants to deliver
once every year, to the Redstrar, an annual fetums to be cerified by the
parmers of the 18t Defendant which sham contain the true fepfesentation of the
total assets of the parmership at the end of the preceding year, particulars of
indebtednesswasaviolationofSection76oftheParmershipLaw.
50.
The Clinant shall contend at the tdal of the suit that the violations of the
provisions of the Partnership Law by the Defendants is an offence and is
punishable under Section 79 of the Law.
51.
The Claimant avers that fouowing the account review of the lst Defendant and
thetevelationsthatbillionsofnairaeanedbythelstDefendantovertheyears
were not fuuy accounted for, he confronted Mr. Tunde Badejo who then
admtted to him that the funds of the lst Defendant were grossly nrismanaged
??eftheyearsincludingthedivefsionofthelstDefendantfundsforpuxported
)olnt venture puxposes at the direction of the 2nd Defendant and for the
benefitofthe2ndDefendant,@OIAAHMEDTINUBU).
52.
The said parmer confided in the Claimant that it was the style of the 2nd
Defendant to cormpt his office and extort benefits of between 70°/o of more
__
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from all
;. in
T ^^_^
a.A._
_:,_
_ _ 1he became
,
allnrnif>rt<
projectsnn.o^;r`ft
on-going
Lagos
State
since
Governor in 1999 to
date.
53.
The said partrier further cited as example to the Claimant the Global
Computetisation Project which is being handled by another company of his
calledSof[AllianceandResourcesLimitedandwhefeallthepaymentsreceived
aredivertedtothe2ndDefendanta30IAAHMEDTINUBU).
54.
The Mt. Tunde Badejo also cited the case of the Land Use Charge quc)
Project which followed a siular pattern.
PDF Page 24
55.
The Claimant avers that Mr. Tunde Badejo further admitted that the diversion
of the lst Defendant funds over the years nmning into billions of naira into
suspicious accounts was done in a "smart" way to shield the 2nd Defendant
@OIA AHMED TINUBU) from public scnitiny and to hide his assets from
the Code of Conduct Bureau and the anti-corruption agencies.
56.
The claimant avers that Mr. Tunde Badejo stated that the fraudulent diversion
of the 1§t Defendant funds towards the purported repayment of bogus loans to
banks which could not be traced to the books of the lst Defendant and the
complex nature of these transactions necessitated the poor accoLnt record
keeping and in some cases, the non existence of some records and accounts.
57.
The clairmnt avers that these bogus loan repayments are in the main deducted
at source from the Lagos State Government under a standing instruction order
of the 1 St Defendant that the Claimant was not aware of or consented to.
'ili
58.
The Claimant is aware that these bogus loans were facilitated by Skye Bank
(now called Polaris Bank) and other banks. The Claimant has written to Polaris
Bank and other banks to provide au relevant information which will be
presented to the court when provided.
59.
The Claimant avers that after Mr. Tunde Badejo had explained the facts alluded
to above to him, it became clear to him that the lst Defendant Iip in which he
holds 30°/o of the capital was being used for massive corruption purposes
including tax evasion, bribery of government officials, diversion of the funds of
the 1 S' Defendant and money laundering.
60.
The Clairmnt avers that the said Mr. Tunde Badejo thereafter threatened the
Claimant that his rife will be in danger if he ever reveals the admitted facts to
3rd parties.
61.
The Claimant avers that after a thorough and full assessment of the
infomation he received from the said Mr. Tunde Badejo which confirmed the
poor records book keeping of accounts of the 1 S' Defendant and in some cases,
nonexistent accounts, he decided to whistle blow the fraudulent activities of the
Defendants using the 1 St Defendant in which the Claimant is a partner.
62.
The Claimant avers that as a Partner in the ls' Defendant LLP with a 30°/o
capital, he is.entitled to the payment of his dividends from 2010 to date in
accordance with Clause 8 and 11.0 of the Pattnership Agreement.
PDF Page 25
Pardculars of Fraud
a) The Claimant avers that the extortion of 70°/o equity of the let Defendant
from him (the Clinant) by the 2nd Defendant @OLA AHMED
TINUBU) as a pre-condition for hing the 2nd Defendant, to perfom his
official duties at the time was abuse of office and a fraud on the claimant.
b) The Claimant avers that the revelations by Mr. Tunde Badejo of gross
mismanagement of the funds of the 18t Defendant by over the years
including the diversion of the ls' Defendant funds for purported joint
venture purposes was a violation of the Partnership Law and the
Partnership Agreement.
c) The Clainant avers that Mr. Tunde Badejo's admission that the diversion of
Fu:p::o::faecncdoa:ttsf:adssd::eefinthae.ysemarfg¥t%i£°e[:#:n2Sn:fDne¥:di::
d) The Client avers that the fraudulent diversion of the lst Defendant funds
to the benefit of the 2nd Defendant, the purported fepayment of huge sums
as bank loans to banks which could not be traced to the books of the 18t
Defendant and the fraudulent complex nature of these transactions
necessitated the poor account record keeping and in some cases, the non
existence of some accounts.
e) The Claimant avers that the dubious and fraudulent payments made to
various 3rd parties as shown in the payment instructions was meant to
barfupt the ls' Defendant and deny the payment of profit to the Claimant.
D The Claimant avers that the lst Defendant LLP in which he holds 300/o of
the capital was being used for massive cormption purposes including tax
evasion, bdbery of government officials, diversion of the funds of the lst
Defendant and money laundefing by the 2nd and 3rd Defendants.
63.
WHEREFORE the clairmnt prays the Honourable court thus:
a) An Order compelling an account of all sums due to the Claimant from 2010
tin date.
b) An Older tracing all fu;ds and assets due to the Claimant from the
inception of the lst Defendant to date.
PDF Page 26
c. An order of specific performance of clauses 8 and 11.0 of the Parmership
Agreement that created the 1 st Defendant by extant partners.
d. An Order for payment to the Claimant by the Defendants, all sums
adjudged to be due to the Claimant on the submission of the Accounts.
e.
10% Interest on (d) above.
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COMMISIONER FOR OATHS
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PDF Page 27
IN THE HIGH COURT 0F IAGOS STATE
IN THE IKFtATUDICIAL DIVISION
HOLDEN AT IRE]A
sulTNo/i
BETVIEN:
MR OLADAPO APARA
.............................
CLAIMANT
(Trading under the name and style
Infihiti Systems Enterprises)
AND
1. ALPHA-BETA CONSULTING Iip
2. SENATOR BOIA AHMED TINUBU
3. MR. AKIN DOHERTY
DEFENDANTS
CIAIMANT'S WITNESS STATEMENT 0N OATH
I, Dapo Apara, Nigerian, male, Chartered Accountant of 27, Oduwobi Street,
Ilupeju, Lagos do hereby make oath and state as fouows:
1.
That I am the chimant in this suit.
2.
The lst Defendant is a Limited Liabhity partnership that was registered in 2010
under the Partnership Law of Lagos State with its office at Water House, Water
Corporation Headquarters, Ijora, Lagos.
The 2nd Defendant is a politician and former Governor of Lagos State
between 1999 and 2007 who at au material mes to this suit was a controlllng
interest of the lst Defendant while hiding his involvement in the lst Defendant
from the public.
The 3rd Defendant parades himself as the Managing Director/Managlng
Partner of the 1`t Defendant contrary to the provisions of the Partnership
Agreement with his office at Water House, Water Corporation Headquarters,
Ijora, Lagos.
PDF Page 28
5.
The 3rd Defendant is not one of the Partners of the lst Defendant LLP but
was also a former Commissioner of Finance under the administratlon of the
2nd Defendant Bola Ahmed Tinubu.
The main business of the lst Defendant is and has been the computation,
tracking and reconcillation of Internally Generated Reve?_ue in Lagos State in
return for a commission.
The 2nd Defendant has directed and dictated the affairs of the 1`t Defendant to
divert assets of the 1`' Defendant to his (the 2nd Defendant) beneflt and to the
detrlment of the Claimant.
The Claimant avers that the ownership of the 1`t Defendant and the percentage
of the capital contributed by the partners including the Claimant are as fouows:
•
Dapo Apara (Trading under the name
300/o
and style Infiniti Systems Enterprlses
•
Michael olumide ogunmola (I-fading
40O/o
under the name and style Momo Consulting)
•
Tunde Badejo (Trading under the name
150/o
and style Ebo Consult)
•
Tunde Badejo (Trading under the name and style Intergrev
150/o
Services)
The Claimant avers that from inception of the lst Defendant, the 2nd
Defendant has been in control of the affairs of the 1`t Defendant and that from
the year 2018, AKIN DOHERTY, the 3rd Defendant and SENATORB0IA
AHMED TINUBU, the 2nd Defendant have assumed firm control of the
financial management of the firm to the exclusion of the Claimant.
10.
The Claimant avers that sometime in 2000, he solely conceived, prepared and
presented a proposal to the Lagos State Government on providing consultancy
services using his firm, Inflniti Systems Enterprlses, (the Claimant) with respect
to using computerisation to track and reconcile the Internally Generated
Revenue of the State (IGR).
PDF Page 29
11.
The clamant avers that following the presentation of his proposal to the Lagos
State Government, the 2nd Defendant (BOIA AHMED TINUBU) who was
at the tlme the Governor of Lagos State demanded that 70°/o equlty interest in
the project be assigned to a certain Olumide Ogunmola before he, the 2nd
Defendant will approve the project.
12.
The claimant avers that he then met the said olumide ogunmola (who he had
never met before) and it was agreed that a limited llabhity company be
incorporated in which the Claimant will hold 300/o shaf€s while Olumide
Ogunmola and his partners will hold 700/o of the shares of the company.
13.
The Claimant avers that followlng the agreement alluded to above; Alpha Beta
Consulting Limlted was incorporated in 2002 with the following shareholding
ratlo:
•
DapoApara
•
•
Olumide ogunmola
Adegboyega oyetola
14.
The Claimant avers that upon the commencement of business operations, the
2nd Defendant @OLA AHMED TINUBU) dil.ected that the 300/o
shareholding of Adegboyega Oyetola be transferred to one Mr. TUNDE
BADEjo. This was done.
15.
The Claimant avers that although he was a signatory to all the bank accounts of
the 1" Defendant, payments from the bank accounts of the 1`t Dcfcndant
required only 2 signatories which was mostly handled between the other two
partners, Messrs Michael Olumide Ogunmola and Tunde Badejo.
16.
The Claimant avers that occasionally when the other two partners in the lst
Defendant apatt from the Claimant were not available, then the Claimant wlll
be involved as a fallback option.
17.
The Claimant avers that after the incorporation of Alpha-Beta Consulting Ltd
in 2002 and structured according to the dictates of the 2nd Defendant @OLA
AHMED TINUBU), the 2nd Defendant in his of.flcial capacity as the
Governor of Lagos State then approved that Alpha-Beta Consultmg Ltd be
awarded consultancy contract for the assessment and collection on behalf of
the Lagos State Government, all taxes and Internally Generated Revenue (IGR)
PDF Page 30
due and payable to the State at a loo/o consultancy fee (subject to a benchmark
which varies from time to time).
18.
The Claimant avers that due to the technological innovation that was deployed
by him, the Internauy Generated Revenue of the State grew from a base of
about N10billion per annum in 2002 to over N300bn in 2019.
19.
In year 2010 or thereabout, the 2nd Defendant @OLA AHMED TINUBU)
directed that the incorporation structure of the Alpha-Beta Consultlng Ltd be
changed from a hmited liability company to a limited liability partnership under
a newly promulgated law of the Lagos State Government. The 2nd defendant
explained to the Claimant that the purpose was to further shield the 2nd
Defendant, a30LA AHMED TINUBU'S) involvement in Alpha-Beta
Consulting Ltd from public scn]tiny.
20.
The Claimant avers that in 2010, based on this dlrectlve by the 2nd Defendant
q30LA AHMED TINUBU), the 1`t Defendant was reglstered as a Limited
Liability Partnership to carry on business as information and communication
technology consultants and provide high ciuallty, value added information
solutions to private and public institutions.
21.
The claimant avers after the registratlon as a Limited Liability partnership, the
1`t Defendant then took over the Lagos State contract previously awarded to
Alpha Beta Consultlng Limited.
22.
The Claimant avers that upon the registration of the 1`' Defendant in 2010, a
Partnership Agreement was executed by au the Partners including the Claimant
and Messrs Michael Olumide Ogunmola and Tunde Badejo.
The Claimant shall at the trial of the suit rely on the Certificate of Registration
and the Partnership Agreement.
23.
The claimant avers that the2nd Defendant thereafter directed that Mr. Michael
Olumide Ogurimola be designated as Managing Partner of Alpha Beta
Consulting LLP, while the Claimant was designated as Deputy Managing
Partner.
24.
The claimant avers that in 2014 the 2nd Defendant directed that Mr. Michael
Olumide Ogunmola should cease being the Managing Partner and the Claimant
then became the Managing Partner with access to review the financial records.
PDF Page 31
25.
Sometime in 2016, the 2nd Defendant @OLA AHMED TINUBU) told the
Claimant that he @OLA AHMED TINUBU) has received feedback that
Claimant \vas reviewlng past financial records of the 1`[ Defendant. That he was
displeased with this action of the Claimant and therefore intends to bring the
3rd Defendant (AKIN DOHERTY) into the management of the lbt Defendant
as Managing Director to take over the financial management of the company,
while the Clalmant should revert to his former role as Deputy Managing
Director and not get involved in the financial affairs of the 1" Defendant.
26.
The 2nd Defendant @OLA AHMED TINUBU) also warned the claimant not
to even think of exposing his involvement in the financial affairs of the 1"
Defendant to the EFCC as the then Acting Chairman (o`f EFCC, Ibrahim Magu,
whl always protect him (the 2nd Defendant)
27.
The 2nd Defendant also threatened to use the agencies of the Lagos State
Government such as the Lagos State Internal Revenue service(LIRS) and the
Lagos State Building Control Agency (LSBCA) to harass and seize the assets of
the Claimant if the Claimant ever betrayed him.
27.
The clamant, disagreed with the 2nd defendant's request that he, the claimant,
should revert to the role of a deputy. Instead the Claimant agreed with the 2nd
Defendant that he will transition to a consultant to the 1``t Defendant to
manage the technology and get remunerated on a monthly basis for this task.
28.
Thereafter, the 3rd Defendant \vas brought to the office premises of the 1`[
Defendant by Mr. TUNDE BADE]O, a partner, and introduced to the staff as
the new "Managing Director" of the 1`' Defendant.
29.
Thereafter, MR. TUNDE BADEjo told the claimant that if he (the claimant)
ever came to the office of the 1`t Defendant he, MR. TUNDE BADE|O will
terminate the life of the Claimant. This incident was reported to the police in
2018 and is under investlgatlon.
30.
When the police commenced investigation into this complaint by the plaintiff
in 2018, the 2nd Defendant @OLA AHMED TINUBU) interfered in the
Pollce investlgation to frustrate it.
31.
On becoming the Managing Partner in 2014, the claimant sent a Board
resolutlon to all the bankers of the 1." Defendant to remove MR. MICHAEL
OLUMIDE OGUNMOLA as a signatory to all the bank accounts of the lst
Defendant.
PDF Page 32
32.
Followmg this Board Resolution to au the banks, the Claimant and MR.
TUNDE BADEjo then remained the only authorised "A" signatories of all
the accounts of the 1`t defendant able to sign any amount jointly.
33.
Between 2014 after notices to au the banks of the removal of MR. MICHAEL
OLUMIDE OGUNMOLA as signatory to the bank accounts and someine in
2018, the Claimant and Mr. Tunde Badejo jointly operated the bank accounts
of the lst Defendant.
34.
However from 2018 to date, MR. TUNDE BADEjo, the 3rd Defendant
(AKIN DOHERTY) and 2nd Defendant @OLA AHMED TINUBU) have
conuded to operate the bank accounts of the 1" Defendant amongst
themselves \vithout the involvement of the Claimant contrary to the subsisting
mandate which stipulate that the Claimant and MR TUNDE BADEjo jointly
sign any amount as "A" signatories, apart from a Emit of N10 milhon monthly
which may be signed jointly by any "A" and a "8" signatory. The "8" signatory
was designated as M1.. Bode Oluyemi, an employee of the 1`t Defendant.
35.
Suspicious that his signature was being forged to enable the 2nd and 3rd
Defendants to operate the bank accounts of the 1`' @efendant without his
involvement, the Claimant explicitly wrote to au the bankers of the 1"
Defendant in February of year 2020 revoking his mandate for any debit
transactions.
36.
The claimant has also written to the banks to provide detans of all tfansactions
in the 1`t Defendant's accounts since inceptlon.
37.
The Claimant avers that Clause 8 of the Partnership Agreement which relates
to Profit and Losses provides as follows:
"The Partnership's proflts and losses (including profits and losses of capital)
shah be divided between and borne by the Partners in proportion to the shares
in its capital for the time being owned by them".
38.
The Claimant avers that the lst Defendant LLP has received from the Lagos
State Government commission for its services esumated at over One hundred
and flfty billlon naira qul50 billion) from 2010 to date with the profits of the
Partnershlp being that sum minus legitimate costs.
PDF Page 33
39.
The Claimant avers that despite the huge income made by the 1" Defendant
LLP since 2010 tin the present, Messrs Tunde Badejo and Akin Doherty actlng
under the direction of the 2nd Defendant breached Clause 8 of the Partnership
Agreement and denied the Claimant his share of the profit from the
partnership as provided in the Agreement.
40.
The Claimant avers that Messrs Tunde Badejo, Michael Olumlde Ogunmola
and Akin Doherty have couuded and conspired to run the affairs of the
business in a manner designed to bankrupt the lst Defendant through
suspicious monetary transfers to 3rd parties running into billions of naira
contrary to the Partnership Agreement.
41.
The Claimant avers that some of the suspicious transfers to 3'd parties amongst
many others unknown to the Claimant are as fouows:
a) N500,000,000 payment to SW8 Investment Ltd vide payment instruction
dated the 30/12/13
b) $2,989,063.33 USD payment to Summit Integrated Services Ltd vide
payment instruction dated the 18/3/15.
c) $1,407,000 USD payment to to Summit Integrated Services Ltd vide
payment instmctlon dated the 18/3/15.
d) N25miuion payment to Hallzview
instruction dated the 18/3/15.
International
Ltd
vide
payment
e) N39mihion payment to Halizview
instruction dated the 3/3/15.
Intei.national
Ltd
vide
payment
f) N38milllon payment to Hallzview
instructlon dated the 6/3/15.
lntematlonal
Ltd
vide
payment
g) N550million payment to Ocean Trust Ltd vide payment instruction dated
the 15/5/18.
h) N850million payment to Ocean Trust Ltd vide payment instruction dated
the 14/3/15.
i)
Nl bilhon in Afkar pinting Press together with Vintage Press Limited and
Lagoon Press Limited in October 2017.
PDF Page 34
j)
Nl billion OCEAN AND OIL INVESTMENTS LTD (OANDO) various
tlmes
k) N3.5 billion OCEANIC BANK 0JOW ECOBANK) various times
I)
N100 million IBILE HOLDINGS LAND q'LOT 16/17 BLOCK VI
ONIRU ESTATE)
in) N500 million STARCOMMS (ARANDA RESOURCES)
SHARES
n) N1.4 billion STERLING ASSET MANAGEMENT
o) N960 million HITV
300,000,000 SHARES
100,000,000
p) Nll.9 bihion SW8 (WEMA BANK)30,909,090 SHARES
The Claimant shau at the trial of the suit rely on the various Letters of
Instructions aforesaid.
42.
The Claimant avers that on becoming the Managlng Dir:ctor of the 1`[
Defendant LLP in 2014, he undertook a review of the books of accounts of the
1`t Defendant but the review was affected by the lack of adequate and in some
occasions, nonexistent account records.
43.
The Claimant avers that during the review of the account records of the 1`t
Defendant he carried out, huge sums of money that the 1`{ Defendant earned
over the years was not reflected in the accounts of the 1`' Defendant.
44.
The Claimant avers that the account review alluded above revealed large scale
fraudulent transactions some of which are stated above and diversion of the ls[
Defendant funds running into billions of naira by the 2nd and 3'd Defendants.
45.
The Claimant avers that the 3'd Defendant occupies the offlce of the lst
Defendant illegauy through undue influence of the 2nd Defendant and is
compllcit wlth the 3rd Defendant in continuing to erode profits of proper
partnei.s in the partnership.
46.
The Claimant shah contend at the trial of the suit that all actions of the 3rd
Defendant acting alone or in connivance with the 2nd Defendant is a
contlnuing violation of the Laws of Lagos State as it pertains to Partnerships as
weu as a violation of the Partnership Agreement through which the lst
Defendant came into existence.
PDF Page 35
47.
The Claimant avers that Clauses 11.0 and 20.1 of the Partnership Agreement
provldes for the signing of the Annual Accounts of the Partnership by aH the
Partners including the Claimant to keep all necessary and proper accounts of all
the partnership transactions.
48.
The claimant avers that despite the clear provisions ofclauses 11.0 and 20.1 of
the Partnership Agreement alluded to above, the 2nd and 3rd Defendants acting
with Mr Tunde Badejo have flagrantly breached same as no proper annual
accounts have been signed by the Claimant.
49.
The Clainant avers that the falure and refusal of the Defendants to deliver
once every year, to the Registrar, an annual returns to be certlfled by the
partners of the 1" Defendant which shall contain the true representation of the
total assets of the pattnership at the end of the preceding year, partlculars of
indebtedness was a violation of Section 76 of the Partnership Law.
50.
The Claimant shall contend at the trial of the suit that ther\violations of the
provisions of the Partnership Law by the Defendants is an offence and is
punishable under Section 79 of the Law.
51.
The claimant avers that followlng the account review of the l`t Defendant and
the revelatlons that billions of naira earned by the 1``' Defendant over the years
were not fully accounted for, he confronted Mr. Tunde Badejo who then
admitted to him that the funds of the 1" Defendant were grossly mismanaged
over the years including the diversion of the 1" Defendant funds for purported
joint venture purposes at the direction of the 2nd Defendant and for
beneflt of the 2nd Defendant, @OLA AHMED TINUBU).
52.
the
The said partner confided in the Claimant that it was the style of the 2nd
Defendant to corrupt his offlce and extort benefits of between 700/o or more
from all projects on-going in Lagos State since he became Governor in 1999 to
date.
53.
The said partner further cited as example to
the Claimant the Global
Computerlsatlon Project which is being handled by another company of his
called Soft Amance and Resources Limited and where all the payments received
are diverted to the 2nd Defendant q30LA AHMED TINUBU).
54.
The Mr. Tunde Badejo also cited the case of the Land Use Charge quc)
Project which followed a similar pattern.
PDF Page 36
55.
The Claimant avers that Mr. Tunde Badejo further admitted that the diversion
of the 1`' Defendant funds over the years running into billions of naira into
suspicious accounts was done in a "smart" way to shield the 2nd Defendant
@OLA AHMED TINUBU) from public scrutiny and to hide his assets from
the Code of Conduct Bureau and the antl-corruptlon agencies.
56.
The claimant avers that Mr. Tunde Badejo stated that the fraudulent diversion
of the lst Defendant funds towards the purported repayment of bogus loans to
banks which could not be traced to the books of the ls' Defendant and the
complex nature of these transactions necessitated the poor account record
keeping and in some cases, the non existence of some records and accounts.
57.
The claimant avers that these bogus loan repayments are in the main deducted
at source from the Lagos State Government under a standing instruction order
of the lst Defendant that the Clalmant was not aware of or consented to.
58.
The Clalmant is aware that these bogus loans \vere facilitated by Skye Bank
(now caued Polarls Bank) and other banks. The Claimant has wrltten to Polaris
Bank and other banks to provide all relevant information which `vin be
presented to the court when provided.
59.
The claimant avers that after Mr. Tunde Badejo had explained the facts auuded
to above to him, it became clear to him that the 1`. Defendant LLP in which he
holds 300/o of the capital was being used for massive corruption purposes
including tax evasion, bribery of government officials, dirersion of the funds of
the 1" Defendant and money laundering.
60.
The Claimant avers that the said Mr. Tunde Badejo thel.eafter threatened the
Claimant that his llfe will be in danger if he ever reveals the admitted facts to
3rd parties.
61.
The Claimant avers that after a thorough and full assessment of the
information he received from the said Mr. Tunde Badejo which conflmed the
poor records book keeping of accounts of the 1 `' Defendant and in some cases,
nonexistent accounts, he decided to whistle blow the fraudulent actlvltles of the
Defendants using the 1 " Defendant in which the Claimant is a partner.
62.
The Claimant avers that as a Partner in the lst Defendant LLP with a 300/o
capital, he is entltled to the payment of his dividends from 2010 to date in
accordance wlth Clause 8 and.11.0 of the Partnership Agreement.
PDF Page 37
Particulars of Fraud
a) The Claimant avers that the extortion of 700/o equity of the ls[ Defendant
from him (the Claimant) by the 2nd Defendant @OLA AHMED
TINUBU) as a pre-condition for him, the 2nd Defendant, to perform his
offlcial duties at the tine was abuse of office and a fraud on the claimant.
b) The Claimant avers that the revelatlons by Mr. Tunde Badejo of gross
mismanagement of the funds of the 1" Defendant by over the years
including the diversion of the 1" Defendant funds for purported joint
venture purposes was a vlolatlon of the Partnership Law and the
Partnership Agreement.
c) The Claimant avers that Mr. Tunde Badeio's admission that the diversion of
the 1" Defendant funds over the years running into billions of naira into
suspicious accounts was done in a "smart" way to shleld the 2nd Defendant.
d) The Claimant avers that the fraudulent diversion of the 1" Defendant funds
to the benefit of the 2nd Defendant, the purported repayment of huge sums
as bank loans to banks which could not be traced to the books of the lst
Defendant and the fraudulent complex nature of these transactions
necessitated the poor account record keeping find in some cases, the non
existence of some accounts.
e) The Claimant avers that the dubious and fraudulent payments made to
various 3'd parties as shown in the payment instructions was meant to
bankrupt the 1`t Defendant and deny the payment of profit to the Claimant.
f) The Claimant avers that the 1" Defendant LI.P in which he holds 300/o of
the capital was being used for massive corruption~purposes including tax
evaslon, bribery of government officials, diversion of the funds of the 1"
Defendant and money laundering by the 2nd and 3rd Defendants.
63.
WHEREFORE the claimant prays the Honourable court thus:
a) An Order compelling an account of all sums due to the Claimant from 2010
tlu date.
b) An Order tracing all funds and assets due to the Claimant from the
inception of the 1 st Defendant to date.
PDF Page 38
c. An order of specific performance of clauses 8 and 11.0 of the Partnership
Agreement that created the 1 st Defendant by extant partners.
d. An Order for payment to the Claimant by the Defendants, au sums
adjudged to be due to the Claimant on the submission of the Accounts.
e.
100/o Interest on (d) above.
--:=-i_--------:-
DEPONENT
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BEFORE RE
COMMISIONER FOR OATHS
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