Admin l Wednesday, January 10, 2018
IKOYI, Lagos – A Federal High Court sitting in Ikoyi, Lagos has ordered a former Permanent Secretary in the Ministry of labour and Productivity Dr. Clement Illoh Onubuogo to forfeit the sum of N664 million and over $137, 680 to the Federal Government.
He was alleged to have accumulated the money through the Federal Government Subsidy Reinvestment Empowerment Scheme, Sure-P.
Justice Saliu Seidu granted the order at the resumption of the trial of the former permanent secretary. Counsel to Onubuogo, Mr TS Awana informed the court that his client has two applications, one challenging the jurisdiction of the court and the other for discharge of the earlier order of the court granting interim forfeiture of the properties in question.
Awana however, added that the case is a civil case and that there is discussion between his client and the EFCC on the need to settle out of court.
Counsel to the Economic and Financial Crimes Commission, EFCC, Mr Rotimi Oyedepo in his submission confirmed the position of the move to settle out of court and stated that he will not be opposing the withdrawals of the two motions filed by the defendant and urged the court to strike out the motions for the coast to be clear for out of court settlement.
While making further submission Rotimi Oyedepo told the court that based on the discussion and agreement reached between the parties EFCC would be applying for the discharge of an earlier interim order of the court as regards two of the properties being sought to be forfeited to the government.
The properties are Clement Illoh’s Mansion located at Ikom Quarters, Issala Azegba, Delta State and the property lying and situates at number 19 Madue Nwafor Street off Achala Ibuzor Road, Asaba Delta State.
He then urge the court to discharge the earlier order of the court as regards the two properties only..
Awana did not oppose the application which pave the way for EFCC to move the motion for the final forfeiture of the other properties said to be proceeds of illegal act. In view of the discussion with the defendant we want to move the motion of the 5th of September,2017 wherein we are seeking the final forfeiture of the properties listed in prayers 1,2,3 and 4.’
Oyedepo said the motion was brought pursuant to section 17 of the Advance Fee Fraud and other Related Offences Act number 14, 2014.
The prosecution said the application for final forfeiture is supported with nine paragraphs affidavit and two exhibits . ‘ We also filed a written address in support of the motion as their argument in support of the motion’
The prosecution therefore urged the court to grant their application for the final forfeiture of the properties as contained in prayers 1,2,3 and 4. The application was not opposed by the defendant. Justice Saliu Saidu consequently granted the application ordering the defendant to forfeit the sum of N437,348,181.16 foud by EFCC in possession of Onuogo which sum is reasonably suspected to be proceeds of unlawful activity.
The court also order the final forfeiture of another N97,300.613.44 found by the commission in the defendant’s account. The defendant was also ordered to forfeit another sum of N129,826,452.00 found by the commission in possession of Salisu Bala Kura, John Isakwa Kanku, Ahmed Mahmud Muazu, Muktar Safian, Udoh Nnamdi, Umar Bello Mashi, Salogu Karo, Usman Bello, Ahmed Mohammed Makki, Umar Abubakar, Aliyu Abubakar and Enape Victoria.
Onubuogo was also ordered to forfeit to the Federal Government the sum of $137, 680.11. Economic and Financial Crimes Commission, EFCC had on Monday April 3rd, 2016 arraigned Clement O. Illoh, before Justice Babs O. Kuewumi of the Federal High Court, Lagos on a three-count charge bordering on failure to declare his assets.
The accused person allegedly failed to disclose the sum of N97, 300, 613.44 Million, (Ninety Seven Million, Three Hundred Thousand, Six Hundred and Thirteen Naira, Forty-four Kobo) found in his account .
He also allegedly warehoused the sum of $139, 575. 50 USD, (One Hundred and Thirty-nine Thousand, Five Hundred and Seventy-Five United States Dollars, Fifty Cent) and £10, 121.52, (Ten Thousand One Hundred and Twenty-one Pounds) respectively in his account.
The offences are punishable under Sections 23(3)(c) of the Financial Crimes Commission (Establish) Act. The accused person pleaded not guilty to the charges when they were read to him.
