A Federal excessive court docket Lagos on Thursday ordered the very last forfeiture of the sum of N34 billion ($153 million) related to a former Minister of Petroleum assets, Diezani Allison-Madueke.
Justice Muslim Hassan issued the order whilst turning in judgment in a suit by the financial and monetary Crimes fee (EFCC) seeking the forfeiture of the money as proceeds of crime.
Justice Hassan had on January 6 issued an period in-between order of forfeiture of the sum of N34 billion to the Federal government following an ex parte software by using the EFCC looking for a similar comfort.
The EFCC had initiated an ex-parte software, in search of an intervening time order for the temporary forfeiture of the sum to FG which it claimed was related to the ex-Minister.
Additionally joined in the healthy become Dauda Lawal as respondent.
The courtroom had also issued 14 days to any involved birthday party to appear and prove the legitimacy of the money failing which the cash would be completely forfeited to the government.
On the remaining sitting of the courtroom on January 24, Rotimi Oyedepo and Charles Adeogun, counsel representing the EFCC and the respondent (Lawal) respectively, had argued their originating processes earlier than the court docket.
Oyedepo entreated the court to make the meantime order absolute and ordered a final forfeiture of the sum to the Federal authorities of Nigeria.
He also advised the courtroom to order the forfeiture of different sums to which no declare have been laid.
In his argument, Adeogun urged the court to difficulty an order, directing a refund of N9.08 billion to the second one respondent considering the fact that it become obtained by way of coercion.
He argued that earlier than such forfeiture orders may be made, two essential elements have to be glad; specifically — “that the property in query is unclaimed, and that such property or budget fashioned proceeds of an unlawful act.
Justice Hassan, in his judgment, ordered a final forfeiture of the unclaimed sum of N23.43 billion and $five million to the Federal government.
Justice Muslim Hassan issued the order whilst turning in judgment in a suit by the financial and monetary Crimes fee (EFCC) seeking the forfeiture of the money as proceeds of crime.
Justice Hassan had on January 6 issued an period in-between order of forfeiture of the sum of N34 billion to the Federal government following an ex parte software by using the EFCC looking for a similar comfort.
The EFCC had initiated an ex-parte software, in search of an intervening time order for the temporary forfeiture of the sum to FG which it claimed was related to the ex-Minister.
Additionally joined in the healthy become Dauda Lawal as respondent.
The courtroom had also issued 14 days to any involved birthday party to appear and prove the legitimacy of the money failing which the cash would be completely forfeited to the government.
On the remaining sitting of the courtroom on January 24, Rotimi Oyedepo and Charles Adeogun, counsel representing the EFCC and the respondent (Lawal) respectively, had argued their originating processes earlier than the court docket.
Oyedepo entreated the court to make the meantime order absolute and ordered a final forfeiture of the sum to the Federal authorities of Nigeria.
He also advised the courtroom to order the forfeiture of different sums to which no declare have been laid.
In his argument, Adeogun urged the court to difficulty an order, directing a refund of N9.08 billion to the second one respondent considering the fact that it become obtained by way of coercion.
He argued that earlier than such forfeiture orders may be made, two essential elements have to be glad; specifically — “that the property in query is unclaimed, and that such property or budget fashioned proceeds of an unlawful act.
Justice Hassan, in his judgment, ordered a final forfeiture of the unclaimed sum of N23.43 billion and $five million to the Federal government.
“I hereby make an order pursuant to Section 17 of the Advanced fee Fraud and other related Offences Act 2016, for final forfeiture of the unclaimed sum of N23,426,300,000.00 billion and $5 million to the Federal Government finally.
In respect of the second respondent, learned Counsel, Charles Adeogun, informed the court that the second respondent filed a counter-affidavit on why the sum of N9.08 billion should not be forfeited.
I have carefully examined the affidavit evidence before the court and I find that the second respondent was duly cautioned in English language before his statement was taken and so, I hold that same was taken without any evidence of inducement.
On the whole, I am satisfied that all the conditions stated in Section 17 of the Advanced Fee Fraud and other Related Offences Act, was duly fulfilled by the applicant.
I accordingly make the following orders — An order for the final forfeiture of the sum of N23, 426, 300, 000.00 billion being unclaimed property to the Federal Government of Nigeria.
Before the judgment, Adeogun had informed the court docket of two of his pending motions filed on February 3 — the first seeking an abridgement of time and the second, for leave of the courtroom to record further affidavits to his counter- affidavit.
He advised the courtroom that events have been exploring approach of attaining amicable agreement inside the rely.
He defined it as a commonplace feel technique to resolving the problem, including that the sum recovered from the second respondent and sought to be sooner or later forfeited, had been “accumulated from buddies and household.”
Adeogun brought that the information have been now not made available to the court at the final adjournment because the devices with which the finances were paid had been still with the fee.
In reaction, recommend to the EFCC, Oyedepo stated he changed into now not aware about such agreement alternatives, including that he become most effective sent to do the “bidding” of his employers.
He advised the courtroom that events have been exploring approach of attaining amicable agreement inside the rely.
He defined it as a commonplace feel technique to resolving the problem, including that the sum recovered from the second respondent and sought to be sooner or later forfeited, had been “accumulated from buddies and household.”
Adeogun brought that the information have been now not made available to the court at the final adjournment because the devices with which the finances were paid had been still with the fee.
In reaction, recommend to the EFCC, Oyedepo stated he changed into now not aware about such agreement alternatives, including that he become most effective sent to do the “bidding” of his employers.
“If the intention of the respondent is to keep the application in the court’s file in abeyance, I will then pray the court to strike out the applications relying on the authorities of SIEC Ekiti State vs NCP, Newswatch communications Ltd vs Attah and Manuel vs Briggs.
The applications the counsels seek to put in abeyance is intended to arrest the court’s judgment fixed for today.
In all these, the court had held that it is alien for the court to allow its judgment to be arrested once reserved.
It is just like a pregnant woman in the delivery room, getting an invitation to attend a wedding ceremony; in essence, the court is carrying a pregnancy and so, no party should be allowed to terminate it.
The court had given parties adequate time for anyone to complain of rights infringement and so I urge the court to strike out the application so that the coast can be clear to deliver judgment,” he said
The choose, in a short ruling, allowed the second one respondent’s recommend (Adeogun) to move his software and thereafter brushed off the software and proceeded with the judgment.