Justice Josephine Obanor of an FCT high court, Abuja, on Wednesday voided a criminal charge brought by the Economic and Financial Crimes Commission (EFCC) against the Founder of Chappal Energies Ltd.
A certified true copy of the order voiding the charge was made avaliable to the News Agency of Nigeria (NAN) in Lagos.
The Founder and Managing Director of Chappal Energies is Mr Ufoma Immanuel.
Obanor held that a subsisting order of the court denied the EFCC the power to arrest or begin criminal proceedings against Immanuel and Intermediate and Investment Holdings Ltd. (IIHL).
The judge said that the order, made on Sept. 11, 2025, remained binding on the EFCC since it had not been set aside nor lawfully discharged.
According to her, the EFCC did not appeal the order but proceeded to charge Immanuel and IIHL to another court of coordinate jurisdiction.
Obanor upheld the arguments of counsel to Immanuel and IIHL that the EFCC should not prosecute them in view of the subsisting order.
” I have examined the circumstances surrounding the application and the order made by this court on 11th September 2025.
“It is my considered view that a party who is dissatisfied with a decision of a court of competent jurisdiction has a duty to challenge that decision through the appropriate legal process.
“The second defendant (EFCC), if aggrieved by the decision of this court, ought to have pursued the lawful process of challenging it by way of an appeal to the Court of Appeal. No such appeal was filed.
“It was not open to the second defendant to disregard the order and proceed to charge the second and third claimants to court as though the order did not exist.
“A subsisting order of court remains binding until it is set aside or otherwise lawfully discharged,” Obanor held.
By the ruling, the judge voided criminal proceedings against Immanuel and IIHL before the High Court of Lagos, Ikeja Division.
On Sept. 11, 2025, Obanor granted an interlocutory injunction restraining the EFCC from arresting, detaining or prosecuting Immanuel and IIHL in respect of any issues emanating from shareholding arrangements involving Immanuel and IIHL on one hand, and Adebisi Adebutu, Biswal Ltd. and R28 Ltd. on the other hand.
The judge also restrained the commission from arresting Immanuel and IIHL on any issues emanating from cross-shareholding agreements, subscription rights, and performance of contractual obligations involving Immanuel and IIHL on one hand, and Adebisi Adebutu, Biswal Ltd. and R28 Ltd. on the other hand.
The judge also restrained the Nigeria Police Force, their agents and privies from doing same.
The judge said that the dispute was civil in nature, and restrained the EFCC and the others from harassing or prosecuting Immanuel.
The EFCC had, on Oct. 7, 2025, filed a criminal charge against Immanuel and IIHL before the Lagos State High Court, Ikeja Division.
The commission alleged that Immanuel induced Adebutu to invest $1.5 million under the guise of financing projects linked to Chappal Petroleum Development Company Ltd., IIHL, and Chappal Energies Mauritius Ltd.
The EFCC arraigned Immanuel alongside IIHL on March 11, 2026, before Justice Mojisola Dada of the Lagos State High Court, on a two-count charge of forgery and obtaining money to the tune of $1.5 million by false pretences.
On July 1, 2026, Immanuel, through his counsel, Mr Oluseun Awonuga (SAN) and E.B. Aigbe, sought injunctive reliefs before the FCT high court.
He sought an order of “anti-suit injunction restraining the EFCC from taking any further steps in prosecuting him and IIHL, arguing that it would be in breach of the Sept. 11, 2025 order.
The claimants/applicants are Chappal Energies Mauritius Ltd. (suing on behalf of its directors, shareholders, officers, staff and management); IIHL, and Immanuel.
The respondents are the attorney-general of the federation, EFCC, Nigeria Police Force, R28 Ltd., Biswal Ltd. and Adebisi Adebutu.
The applicants also sought an order restraining the EFCC from relying on, tendering in evidence, or otherwise making use of any document already before the FCT high court in the criminal proceedings. (NAN)