The Federal High Court sitting in Lagos has ordered the permanent forfeiture of over N34billion, allegedly diverted from the coffers of the Nigerian National Petroleum Corporation (NNPC) by a former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke.
Giving the order on Thursday, Justice Muslim Hassan said the money should be permanently forfeited to the Federal Government.
The Economic and Financial Crimes Commission (EFCC) had traced the money to three commercial banks in the country where it was kept in the sums of N23,446,300,000, N9,080,000,000 and $5m.
The anti-graft agency had on January 6, 2016, approached Justice Hassan with an ex parte application, wherein it stated that the money was proceeds of criminal activity and urged the judge to make an order to forfeit it to the Federal Government temporary.
Justice Hassan had granted the interim forfeiture order and gave 14 days for anyone interested in the money to appear before him to show cause why the money should not be permanently forfeited to the Federal Government.
When the case was heard on January 24, no one came to court to claim ownership of the N23,446, 300,000 and the $5m.
But the Executive Director, Public Sector Accountant, First Bank Plc, Dauda Lawal, who was joined as the second respondent in the suit, appeared in court through his lawyer, Charles Adeogun-Phillips, to claim the N9,080,000,000.
Mr Adeogun-Phillips had told the judge that the EFCC misrepresented facts in urging the court to order the forfeiture of the N9,080,000,000 belonging to his client as proceeds of crime.
He said his client was arrested by the EFCC and was coerced by operatives of the anti-graft agency to sign an undertaking to make a refund N9.08bn to the Federal Government as a condition for his release.
He said his client had to run around and raise the money from associates and urged the judge to order the release of the money to him.
In his judgment on Thursday, however, Justice Hassan said he found from the exhibits presented before the court that Lawal was not coerced but he voluntarily elected to make the undertaking after he had been duly cautioned and even in the presence of Adeogun-Phillips, who also appended his signature on the undertaking made by his client that it was voluntarily made.
He, therefore, ordered the permanent forfeiture of the money to the Federal Government.
The judge held, “I hereby make an order pursuant to Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2016, for final forfeiture of the unclaimed sum of N23, 426, 300.000 and five million United States dollars to the Federal government finally.
“In respect of the second respondent, learned counsel, Mr. Charles Adeogun-Phillips, informed the court that the second respondent filed a counter affidavit on why the sum of N9.08bn 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 offense 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, being unclaimed property, to the Federal Government of Nigeria.
“An order of final forfeiture is also made for the sum of N9.08bn recovered from the second respondent, to the Federal Government of Nigeria, this is my judgment,” he said.
Responding to the judgment, the EFCC lawyer, Rotimi Oyedepo, thanked the judge and said the Federal Government would use it for the benefit of all Nigerians.
Justice Hassan thanked the EFCC counsel in turn for the good work the agency was doing and urged the government to ensure that the money was used for the benefits of all citizens.
The judge also commended Adeogun-Phillips for the courage to show up on behalf of his client to claim the money.
“After all, you were the only one who showed up,” the judge said.
