Admin l Thursday, February 16, 2017
IKOYI, Lagos, Nigeria – A Federal High Court sitting in Ikoyi, Lagos today formerly transferred ownership of $153 million linked to former Minister of Petroleum Resources, Mrs Diezani Allison-Madueke into the coffers of the Nigerian government.
Justice Muslim Hassan issued the order transferring ownership of the money in his judgment in a suit filed by the Economic Financial Crimes Commission (EFCC) seeking forfeiture of the funds been proceeds of crime.
Prior to this order, Justice Hassan had on January 6, issued an interim order of forfeiture of the money to the Federal Government, following an exparte application by the EFCC.
The court had also issued 14 days to any interested party to appear and prove the legitimacy of the money, failing which the funds would be permanently forfeited to the FG.
But, in his argument, Charles Adeogun (respondent’s counsel) urged the court to issue an order, directing a refund of the sum of N9.08billion to the respondent, on the grounds that same was obtained by coercion.
He argued that before such forfeiture orders can be made, two essential elements must be satisfied namely: “that the property in question is unclaimed, and that such property or funds forms proceeds of an unlawful act.
Justice Hassan ordered a final forfeiture of the unclaimed sum of N23, 426, 300.00 billion and $5 million united states dollars to the Federal government.
“I hereby make an order pursuant to section 17 of the Advanced fee fraud and other fraud related offences Act 2016, for final forfeiture of the unclaimed sum of N23, 426, 300.000.00 billion and 5 million united states dollars to the Federal government finally. In respect of the second respondent learned counsel Mr 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 offence 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 been unclaimed property, to the Federal Government of Nigeria. An order of final forfeiture is also made for the sum of N9.08 billion recovered from the second respondent, to the federal government of Nigeria, this is my judgment,” he said
