June 21 page 31
The Managing Director of Auxesia
Energy Limited yesterday enumerated how the Economic and Organised Crime
Office (EOCO) messed up her company.
Testifying at the Financial Division of the High Court, Mrs Faith A.
Odulu, said EOCO froze her company’s account without notifying her, and
to make matters worse, it decided to serve her with the freezing order a
month and some days after the company’s account was frozen.
Elaborating
the impact EOCO’s action has had on Auxesia Energy Limited, Mrs Odulu
said the freezing of her company’s account had put both psychological
and financial burden on her and the company.
Aside that the
witness said the company had lost credibility with its business partners
and bankers due to the manner the EOCO had treated her company.
Led
by her lawyer, Mr Godfred Yeboah Dame, to give evidence-in-chief, Mrs
Odulu said, “EOCO has caused damage to our person and the company.”
UT Guaranteed overdraft
Dispelling
EOCO’s allegations of her company engaging in money laundering and
financing of terrorism, Mrs Odulu said she gave EOCO all the facts to
prove her company was not into such activities.
In any case, Mrs
Odulu explained that the UT Bank granted her company a temporary
overdraft to purchase Low Pour Fuel Oil (LPFO) from Earth Petroleum.
Tendering
in evidence documents and bank statements on the transaction, the
witness said the source of money for the transaction came from UT Bank
and for that reason could the UT Bank be said to be promoting money
laundering and terrorism financing?
She said she was not aware the UT Bank had ever been accused by the EOCO of financing terrorist activities.
Money belongs to Auxesia Energy
Laying
claim to $391,250 withdrawn from her account and paid into the coffers
of the Judicial Service, Mrs Odulu said the court should not entertain
other claimants, namely Soleushing Nigeria and Soleushing UK.
According
to her, Auxesia Energy Limited had not conducted business with any of
those companies to warrant them to claim ownership of the amount.
She
said her company purchased the LPFO from Earth Petroleum, which had in
turn chartered MV Soleushing, the vessel which carted the LPFO from
Nigeria to Saltpond.
That according to her was a clear indication
that Auxesia had business with only Earth Petroleum and for that reason
the court should order the defreezing of her company’s account, and the
subsequent return of the $391,250 to Auxesia Energy Limited.
Mrs
Odulu produced bank statements which showed that the owner of Earth
Petroleum, Elder Christopher Isibor, had indeed withdrawn various sums
of money from Auxesia Energy Limited’s account to cover part of the cost
of the LPFO which was discharged in April 2013.
A copy of the
bank statements and other documents to prove Mrs Odulu’s claims were
tendered in evidence without objection from the parties in the case.
EOCO cross examines witness
Answering
questions under cross examination from counsel for EOCO, Mr Edward
Cudjoe, the witness insisted she and her company were humiliated by the
EOCO for two weeks before they could seek audience with the
organisation.
Counsel had attempted to rebut Mrs Odulu’s testimony
that she and her Chief Executive Officer (CEO), who happened to be her
spouse, were sidestepped by the EOCO for two weeks, although they were
honouring EOCO’s invitation.
In response to counsel’s rebuttal,
Mrs Odulu elaborated the kind of humiliation they suffered by stating
that she and husband/CEO reported at the EOCO offices from 6 a.m. to
6p.m. daily for two weeks.
She also cited instances when she had
shared seats with persons in handcuffs while attempting to seek audience
to demand explanation as to why her company’s account had been frozen.
Mrs
Odulu denied first setting foot in the EOCO office on June 21, 2013 and
insisted that it was rather on that day that she had access to EOCO
officials after being tossed for two weeks.
Freezing Directive
In
reply to Mrs Odulu’s submission that her company was not notified of
the freezing order, Mr Cudjoe reminded her that the EOCO was not
mandated to inform her of a freezing directive.
He sought to
explain to her that her company’s account was frozen based initially on a
freezing directive and not on a court order but the witness told him
the issue was that her account was frozen without notification, and was
only notified a month and some days after the action.
Genesis of Transaction
Mrs
Odulu told the court that she was introduced to Elder Isibor by Mr Ben
Antwi, who said he did not have funds to purchase the LPFO.
Asked
if she knew the source of the LPFO, Mrs Odulu answered in the negative
and denied an assertion by Mr Cudjoe that the vessel carrying the LPFO
was held by militants until she paid $250,000 to Elder Isibor.
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