A Federal High Court in Abuja on Monday struck out the interim forfeiture order it made on October 18, 2019, in relation to some assets alleged to belong to former aviation minister, Senator Stella Oduah.
In his judgement, Justice Inyang Ekwo said the Economic and Financial Crimes Commission (EFCC) failed to establish a link between the assets and the former minister.
The anti-graft agency had sought for the interim forfeiture order in furtherance of its investigation of allegation that Oduah diverted part of the N9.5 billion fund meant for the provision security equipment in some airports during her tenure as aviation minister between 2012 and 2014.
In an affidavit supporting its application for the forfeiture order, the EFCC claimed that Oduah connived with banks officials to divert the fund and allegedly used the money to procure broadcast equipment for Crystal Television Ltd., newspaper printing press, six dredgers and quarry.
The judge, however, struck out the counter-affidavit filed against the motion to show cause, filed by Crystal Television Ltd and the other companies affected by the interim order, on the grounds that it was defective.
The judge noted that the counter-affidavit, filed for the EFCC by its lawyer, O. I. Uket, to rebut the companies’ claims, was filed out of time without first seeking the court’s leave for an extension of time to file.
He further noted that, rather than apply to the court for leave to file his counter-affidavit out of time, the EFCC’s lawyer proceeded to pay a default fee of N3,000 without the court’s consent.
“The right thing to do was for the applicant to apply for extension of time, any payment of default fees made by the applicant, without first applying for extension of time, is unlawful, he took the law into his hands,” the judge said.
“The consequences of filing a process without the leave of court to file out of time is that the process is incompetent and liable to be struck out.
“The counter affidavit is struck out with all the processes filed along with it. The implication is that there is no counter-affidavit.”
Justice Ekwo also refused an oral application by respondents’ lawyer, N. Abdul, for N200 million cost.
