Federal Competition and Consumer Protection Commission (FCCPC), has filed an eleven count charge against Hull Blyth Nigeria Limited and its CEO Christian Holm. and six others
Six other executives were listed as defendants.
They are Abass Olufemi Oluyinka, Philip Obobo, Levi Awum, Peter Kotze, Lain Lindsay and Paul Brettel
The charge was accompanied with an affidavit of execution of warrant dated,8 of October, 2021.
Emeka Udom, the Assistant Chief of FCCPC averred in the affidavit that the commission obtained a search warrant from the court on 8 October 2021 to be executed on five companies namely,Hull Blyth Nigeria; Hapag-Lloyd Nigeria Shipping Limited; Cisco Shipping Nigeria; Lansal Shipping Company; and CMA CGM Nigeria Shipping Limited.
The search warrant was executed between Monday October 18,2021 and Friday, October 22,2021 at the various office location of the companies
(a) Hapag-Lloyd Nigeria Shipping Limited,2-4 Ede Street,1285,APAPA,Lagos State.
(b) Cisco Shipping Nigeria,4 Balogun Bisi Omidiora Road Apapa,Lagos State.
(c)Lansal Shipping Company 4 Creek Road Apapa Lagos State.
(d) Hull Blyth Nigeria 34 Road,Wharf Apapa, Lagos State.
(e) CMA CGM Nigeria Limited, Leventis Building,2 Wharf Road Apapa Lagos State.
In execution of the Search Warrant, certain documents, articles and items were removed and retrieved from the companies Office locations.
A total of 7,506 terabyte of electronic evidence as well as documents, articles and items were retrieved by the commission from the companies in the course of executing the search warrant.
The evidence retrieved is still being analyzed by FCCPC.
Information so far retrieved shows that at least one of the companies was involved in the shipment of Charcoal from Nigeria in contravention of the extant law and prohibition policy.
This provides a competitive advantage over law- abiding competitors in violation of section 108 and 124 of the Federal Competition and consumer protection Commission law.
At Hull Blyth Nigeria, the commission encountered resistance by it’s operatives and employees.
Accordingly, the commission has filed a criminal charge at the Federal High court in charge number FHC/L/316C/2021 against Hull Blyth Nigeria Limited, and some of its employees or operatives.
The case has been adjourned till 21 January,2022 when the defendants will be arraigned.
The charge is stated below.
That you, Hull Blyth Nigeria Limited and Christian Holm (M) on or about the 18th day of October, 2021 at 34 Wharf Road, Apapa, Lagos State within the jurisdiction of this Honourable Court did impede and obstruct the investigation by the Authorized Officers of the Federal Competition and Consumer Protection Commission (Commission) by failing to provide the said Authorized Officers all facilities, assistance and cooperation required for the effective discharge of their functions during the execution of a search warrant issued by an Order of the Federal High Court, Lagos Judicial Division made in Suit No: FHC/L/CS/1371/2021 on October 8, 2021, which Warrant was issued pursuant to Sections 27, and 28, of the Federal Competition and Consumer Protection Act; 2018 and which conduct is contrary to Section 31 of the Federal Competition and Consumer Protection Act, 2018 and thereby committed an offence punishable under the same Section 28(5) of the same Act.
COUNT TWO
That you, Hull Blyth Nigeria Limited and Christian Holm (M) on or about the 18th day of October, 2021 at 4 Creek Road, Apapa, Lagos State within the jurisdiction of this Honourable Court willfully obstructed and or impeded authorized officers of the Federal Competition and Consumer Protection Commission by permitting employees of Hull Blyth NigeriaLimited and others unknown within its premises to obstruct and impede the execution of the search warrant issued by an Order of the Federal High Court,Lagos Judicial division made in Suit No: FHC/L/CS/1371/2021 on October 8, 2021,and thereby committed an offence contrary to Section 28 (5) of the Federal Competition and Consumer Protection Act, 2018 and punishable under the same Section 28(5) of the same Act.
COUNT THREE
That you, Hull Blyth Nigeria Limited, and Christian Holm, on or about the 18th day of October, 2021 at 34 Wharf Road, Apapa, Lagos State within the jurisdiction of this Honourable Court did impede and obstruct the Authorized Officers of the Federal Competition and Consumer Protection Commission (“the Commission”) in the performance of their duties under the Federal Competition and Consumer Protection Act, 2018 by failing to provide reasonable facility for, and ensure compliance in the execution of the search warrant issued by an Order of the Federal High Court, Lagos Judicial Division made in Suit No: FHC/L/CS/1371/2021 on October 8, 2021, which was a component and part of an investigation being conducted by Federal Competition and Consumer Protection Commission, and thereby committed an offence contrary to Section 110 of the Federal Competition and Consumer Protection Act, 2018 and punishable under the same Section 110 of the same Act.
COUNT FOUR
That you, Hull Blyth Nigeria Limited, Abass Olufemi Oluyinka (M) and Levi Awum (M), on or about the 18th day of October, 2021 at 34 Wharf Road, Apapa, Lagos State within the jurisdiction of this Honourable Court did, with intent to prevent or impede an investigation, destroy records and or evidence relevant to the investigation being conducted by the Federal Competition and Consumer Protection Commission (Commission) during the execution of a search warrant issued by an Order of the Federal High Court, Lagos Judicial Division made in Suit No: FHC/L/CS/1371/2021 on October 8, 2021, which Warrant was issued pursuant to Sections 27, and 28, of the Federal Competition and Consumer Act, 2018 and thereby committed an offence contrary to Section 36 of the Federal Competition and Consumer Protection Act, 2018 and punishable under the same Section 36 of the same Act.
COUNT FIVE
That you, Hull Blyth Nigeria Limited, Abass Olufemi Oluyinka (M), Philip
Obobo (M), Iain Lindsay (M), and Paul Brettel (M) on or about the 18th day of October, 2021 at 34 Wharf Road, Apapa, Lagos State within the jurisdiction of this Honourable Court did refuse to provide information, which information is subject to disclosure pursuant to a search warrant to the Federal Competition and Consumer
Protection Commission, by declining Authorized Officers access to information contained in official devises issued devices within thier custody and control during the execution of the Search Warrant issued by an order of the Federal high court Lagos Judicial division made in suit FHC/L/CS/1371/2021on October 8,2021 and thereby committing an offence contrary to section 80 of the Federal Competition and Consumer Protection Act,2018.and punishable under section 80(1) of the same Act.
COUNT SIX
That you, Hull Blyth Nigeria Limited, on or about the 18th day of October, 2021 at 34 Wharf Road, Apapa, Lagos State within the jurisdiction of this Honourable Court did refuse to produce documents and information required by the Federal Competition and Consumer Protection Commission and intentionally withheld the production of information contained in official devices within your custody and control which information and devices are subject of disclosure and or surrender, pursuant to a search warrant, which information and devices included and or contained work-product, official communication, and or data, processed and or stored on the devices and which information is relevant to an investigation being conducted by the Federal Competition and Consumer Protection Commission, including pursuant to the search warrant issued by an Order of the Federal High Court, Lagos Judicial Division made in Suit No: FHC/L/CS/1371/2021 on October 8, 2021 and thereby committed an offence contrary to Sections 111 (1) (a) of the Federal Competition and Consumer Protection Act, 2018 and punishable under Section 111 (2) (b) of the Act.
COUNT SEVEN
That you, Hull Blyth Nigeria Limited, on or about the 18th day of October, 2021 at 34 Wharf Road, Apapa, Lagos State within the jurisdiction of this Honourable Court did refuse to produce documents and information required by the Federal Competition and Consumer Protection Commission and intentionally withheld the production of information contained in official devices within your custody and control which information and devices are subject of disclosure and or surrender, pursuant to a search warrant, which information and devices included and or contained work-product, official communication, and or data, processed and or stored on the devices and which information is relevant to an investigation being conducted by the Federal Competition and Consumer Protection Commission, including pursuant to the search warrant issued by an Order of the Federal High Court, Lagos Judicial Division made in Suit No: FHC/L/CS/1371/2021 on October 8, 2021 and thereby committed an offence contrary to Sections 111 (1) (d) of the Federal Competition and Consumer Protection Act, 2018 and punishable under Section 111 (2) (b) of the Act.
COUNTEIGHT
That you, Abass Olufemi Oluyinka (M), Christian Holm (M), Peter Kotze (M), Lain Lindsay (M), and Paul Brettel (M) on or about the 18th day of October, 2021 at 34 Wharf Road, Apapa, Lagos State within the jurisdiction of this Honourable Court did refuse to produce documents and information required by the Federal Competition and Consumer ‘Protection Commission and intentionally withheld the production of information contained in official devices within your custody and control which information and devices are subject of disclosure and or surrender, pursuant to a search warrant, which information and devices included and or contained work-product, official communication, and or data, processed and or stored on the devices and which information is relevant to an investigation being conducted by the Federal Competition and Consumer Protection Commission, including pursuant to the search warrant issued by an Order of the Federal High Court, Lagos Judicial Division made in Suit No: FHC/L/CS/1371/2021 on October 8, 2021 and thereby committed an offence contrary to Sections 111 (1) (a) of the Federal Competition and Consumer Protection Act, 2018 and punishable under Section 111 (2) (a) of the Act.
COUNT NINE
That you, Abass Olufemi Oluyinka (M), Christian Holm (M), Peter Kotze (M), Iain Lindsay (M), and Paul Brettel (M) on or about the 18th day of October, 2021 at 34 Wharf Road, Apapa, Lagos State within the jurisdiction of this Honourable Court did refuse to produce documents and information required by the Federal Competition and Consumer Protection Commission and intentionally withheld the production of information contained in official devices within your custody and control which information and devices are subject of disclosure and or surrender, pursuant to a search warrant, which information and devices included and or contained work-product, official communication, and or data, processed and or stored on the devices and which information is relevant to an investigation being conducted by the Federal Competition and Consumer Protection Commission, including pursuant to the search warrant issued by an Order of the Federal High Court, Lagos Judicial Division made in Suit No: FHC/L/CS/1371/2021 on October 8, 2021 and thereby committed an offence contrary to Sections 111 (1) (d) of the Federal Competition and Consumer Protection Act, 2018 and punishable under Section 111 (2) (a) of the Act.
COUNT TEN
That you Abass Olufemi Oluyinka (M),Philip Obobo (M),and Levi Avum(M) on or about the 18th day of October,2021 at 34Wharf Road,Lagos State within the
jurisdiction of this Honourable Court did impede and obstruct the Authorized Officers of the Federal Competition and Consumer Protection Commission in the performance of thier duties under the Federal Competition and Consumer Protection Act.2018 by using physical force and aggression to prevent the conduct of investigation and physically assaulting the said Authorized Officers and thereby committed an offence contrary to section 110 of the Federal Competition and Consumer Protection Act2018 and punishable under the same A
COUNT ELEVEN
That you, Hull Blyth Nigeria Limited, Christian Holm (M), Abass Olufemi Oluyinka (M), Peter Kotze (M), Iain Lindsay (M), and Paul Brettel (M) on or about the 18th day of October, 2021 at 34 Wharf Road, Apapa, Lagos State within the jurisdiction of this Honourable Court did give to the Federal Competition and Consumer Protection Commission and its Authorized Officers information which you knew to be false or misleading; to wit: the statement that the devices in your custody and control are personal mobile devices used for personal private communication when in actual fact they are official devices which contain official information such as official communication, workproduct, and or data, processed and or stored on the devices and which information is relevant to an investigation being conducted by the Federal Competition and Consumer Protection Commission and the execution of the search warrant issued by an Order of the Federal High Court, Lagos Judicial Division made in Suit No: FHC/L/CS/1371/2021 on October 8, 2021 and thereby committed an offence contrary to Sections 112 of the Federal Competition and Consumer Protection Act, 2018 and punishable under Section 112 (a) (b) and (c) of the Act.
Credit: P.M NEWS
