a former Group Managing Director of the Nigerian National
Petroleum Corporation, Mr. Andrew Yakubu, has asked the Federal High Court in
Kano to set aside the ex parte order of interim forfeiture on the $9,772,000
and £74,000 recovered from him.
Justice Zainab B. Abubakar of the Federal High Court sitting in Kano had on
February 13 granted the interim forfeiture order for the money (which amounted
to about N3bn) found in the secret safe belonging to Yakubu in Sabon Tasha, in
Kaduna.
The order was sequel to an ex-parte application by the
Economic and Financial Crimes Commission seeking an interim forfeiture of the
recovered money to the Federal Government.
The ex-parte application was moved by Salihu Sani, counsel
for the EFCC.
In her ruling, Justice Zainab held that the money now in the custody of the EFCC
is in the interim forfeited to the Federal Government of Nigeria”
But in his application filed through his lawyer, Mr. Ahmed
Raji (SAN), the ex-NNPC boss seeks, “An order setting aside, discharging or
vacating the ex-parte Order made by this Honourable Court on the 13th of
February, 2017, which ordered the interim forfeiture to the Federal Government
of Nigeria of the respective sums of $9,772,800 and £74,000,000 belonging to
the respondent/applicant, same having been made without jurisdiction.”
The prayer by the applicant is anchored on two grounds.
One of the grounds is that the court lacked jurisdiction to
make the order of forfeiture because the offence from which the money emanated
as its proceeds were allegedly not committed within the Kano jurisdiction of
the court.
The applicant also argued that the Federal Government lacked
locus standi to apply for the interim forfeiture order.
Raji stated in the application, “…By Section 28 of the EFCC
Act, only the commission, i.e. the EFCC has the vires to seek an order for the
interim forfeiture of property under the Act.
The power of this honourable court to make interim
forfeiture Order(s) pursuant to Sections 28 & 29 of the Economic and
Financial Crimes Commission Act, 2004 (hereinafter “EFCC Act”) is applicable
ONLY to alleged offences charged under the EFCC Act and not to offences
cognizable under any other law.
“The ex-parte Order of this Honourable Court dated 13th
February, 2017, was made in respect of alleged offences under the Independent
Corrupt Practices and other related offences Commission Act (hereinafter “ICPC
Act”) and not the EFCC Act as prescribed by Section 28 & 29 thereof.
“The conditions precedent to the grant of an interim
forfeiture Order under Sections 28 & 29 of the EFCC Act were not complied
with by the applicant before the Order was made.
“The combined effect of Sections 28 & 29 of the EFCC Act
is that a charge alleging infractions against the provisions of the EFCC Act
ought to be brought against a suspect before the powers of this honourable
court under Sections 28 & 29 of the EFFCC Act, to order interim forfeiture
of property, can be actuated.”
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