Withdraw wanted notice against DKK directors, court orders EFCC

The High Court of Lagos State has ordered the Economic and Financial Crimes Commission (EFCC) to cease publishing notices that declared two directors of DKK Partners Limited wanted. This order stems from a contractual dispute involving DKK Partners, Yellow Card Financial Inc., and Yellow Card Financial Nigeria Limited.

Justice Rosul Olukolu issued interim orders in response to a suit filed by DKK Partners Limited. The court directed the EFCC to withdraw and stop the publication or circulation of any notices portraying Ogadima Dominic Duru and Khalidur Rahman Mohammad Talukder, directors of DKK Partners, as wanted individuals in connection with the dispute. Additionally, Yellow Card Financial Inc. and Yellow Card Financial Nigeria Limited are restrained from using law enforcement agencies to recover the disputed contractual sum.

The court also prohibited the EFCC from taking further coercive or enforcement actions related to the dispute until the claimant's motion on notice is heard and determined. As part of the interim measures, DKK Partners Limited is required to deposit the disputed $80,000 into an interest-yielding account to preserve the funds while the case proceeds.

DKK Partners' counsel, Olamide Balogun, stated that the company voluntarily sought to deposit the funds as a demonstration of good faith. He argued that the dispute should be resolved through civil dispute resolution processes, not by deploying criminal investigative powers. The claimant contends that Nigerian law enforcement agencies should not be used as debt recovery agents for private commercial agreements, especially when parties have agreed on governing law, jurisdiction, and dispute resolution mechanisms.

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The dispute should be resolved through the civil dispute resolution process agreed by the parties rather than through the deployment of criminal investigative powers.