The Economic and Financial Crimes Commission has prayed a Federal High Court in Abuja to order final forfeiture of $899,600 linked to former Bauchi State Secretary to the State Government, Ibrahim Ahmed Dandija.
Counsel to EFCC, Ekele Iheanacho, urged Justice Zainab Abubakar to make the order, following his application for final forfeiture of the funds to the Federal Government.
The News Agency of Nigeria reports that while the EFCC is the applicant, Abdallah Suleiman, Ahmed Ibrahim Dandija and Sigma Apartments Limited are first to third respondents respectively in the suit marked FHC/ABJ/CS/1986/19.
Although the matter was formerly before Justice Folashade Giwa-Ogunbanjo, it was reassigned to Justice Abubakar following
Giwa-Ogunbanjo’s transfer to another division.
NAN reports that Giwa-Ogunbanjo had, on October 31, 2019, granted an interim forfeiture application in respect of the funds through an ex-parte motion.
The money, the lawyer said, was established to be proceeds of fraudulent activities.
According to him, the Commission received intelligence bordering on money laundering regarding illicit funds stashed at Sigma Apartment Limited at Wuse, Abuja.
Iheanacho said that based on the intelligence, the house was searched and a safe was found that contained the money. He told the court that investigations revealed that the apartment was secured by a former SSG to the Bauchi State Government, Dandija, to store his valuables but all efforts to get him were unsuccessful as he had refused to honour the invitation to explain his connection to the money.
The lawyer further revealed that one Abdallah Suleiman later came forth to claim the money, stating that “he engages in chartering of aircrafts through his company Montes Auri Limited and that the money was received on behalf of a company.”
The EFCC counsel, however, said that investigations at the Federal Airport Authority of Nigeria by the anti-graft agency failed to establish Suleiman’s claim.
Giwa-Ogunbanjo, then, granted the prayer sought by the EFCC and directed that the order be published in a national newspaper for persons with interest in the funds sought to be forfeited to appear before the court to show cause why the final order of the forfeiture of the funds should not be made in favour of the Federal Government.
When the matter was called before Abubakar, Iheanacho told the court that he had an application for “final forfeiture to the Federal Government of $899,600 found by the anti-corruption commission and which funds are reasonably suspected to be proceeds of unlawful activities.”
He said he was ready to proceed with the application subject to court’s convenience.
The judge inquired from lawyers to the respondents if they had been served with the motion on notice and they confirmed, adding that they had also responded.
Counsel to the first respondent (Abdallah Suleiman), Blessing Anazodo, said a preliminary objection and also application seeking leave to regularise the said preliminary objection had been filed.
Justice Abubakar then granted leave to Iheanacho to move the motion. The lawyer informed the court that he filed motion on notice dated and filed on December 2, 2019, seeking final forfeiture of the money.
He said the motion was supported by 37-paragraph affidavit and urged the court to grant the commission’s plea for a final forfeiture order of the funds to the Federal Government.
But Anazodo, after moving the application to regularise the processes, asked the court to set aside aside the earlier interim order granted for the forfeiture of the funds.
The lawyer also prayed the court to compel the EFCC to return the money to the respondent. The EFCC lawyer argued that a counter affidavit had been filed to oppose the first respondent’s preliminary objection. So, he urged the court to dismiss the application.
However, counsel to second respondent, A. O Usman, and lawyer to the third respondent, Ademola Adeleye, informed the court that though they filed counter affidavits, they were not opposed to the reliefs being sought by the EFCC.
Justice Abubakar adjourned the matter until January 31 for judgment.
(NAN).
