Justice Akintayo Aluko of a Lagos Federal High Court, today, final forfeiture of a vacant plot of land situated at Plot 13, Block I, Oniru Chieftaincy Family Private Estate, Lekki, Lagos, linked to Mrs. Diezani Alison-Madueke, a former Nigeria Petroleum Minister.
Justice Aluko’s order of final forfeiture of the land, was sequel to the application for such order which was filed by Mr. Ansalem B. Ozioko, the Economic and Financial Crimes Commission (EFCC) Head of Legal Section, but moved and argued by Mr. Abbas Mohammed, a legal Officer in the Commission.
Justice Babs Kuewuni had on May 15, 2018, granted interim forfeiture of the said land.
In making final forfeiture of the said land today, Justice Aluko held that: “this is an enrollment of order.
“Upon this motion on notice dated February 17, 2022 coming’ before this Honourable Court the 25th day of March, 2022, praying the Court for the following reliefs; a final Order forfeiting the properties /assets listed and – described in the schedule herein to the Federal Government of Nigeria.
“And for such further orders as this Honourable Court may deem fit to make in the circumstance.
“Upon reading affidavit in support of the motion paper sworn to by Babana Job, of Economic and Financial Crimes commission (EFCC) of 15A Awolowo Road, Ikoyi, Lagos State.
“And the court having heard A.O. Mohammed Esq, for the Plaintiff/ Applicant moved the application praying the court to grant the reliefs sought as endorsed on the motion paper.
“It is hereby ordered as follow, “That a final order is hereby granted forfeiting the property/asset listed and described in the schedule herein to the Federal Government of Nigeria.
The EFCC had listed the former petroleum Minister, Mrs Diezani Alison Madueke, a Nigeria lawyer, Donald Chidi Amamgbo and MEZ Group LLC, as respondents in the suit numbered FHC/L/CS/811/2018.
Justice Babs Kuewuni, who formerly presided over that court had sometimes in 2018, granted interim forfeiture of the said land upon reading the affidavit in support of the motion paper sworn to by AbdulRasheed Bawa, now the chairman of the Commission, which was argued and moved by Mr. Anselem B. C. Ozioko.
As part of Justice kuewumi’s orders directed the EFCC to notify the persons in whose possession the properties sought to be forfeited are found to appear before this Honourable Court and show cause within 14 days why the properties should not be forfeited to the Federal Government of Nigeria.
The order also directed the EFCC to publish in any Newspaper of the Interim Order, for persons in whose possession the properties sought to be forfeited are found or anyone who is interested in the properties sought to be forfeited to appear before this Honourable Court to show cause within 14 days why the final order of forfeiture of the properties mentioned in the relief 1 herein should not be made in favour of the Federal Government of Nigeria.
In asking the court for final forfeiture of the said land, the EFCC through one of its investigators, Babana Job, in an affidavit in support of the motion stated that sometime in 2016, a Search Warrant was executed at the Office and premises of Mr. Donald Chidi Amamgbo (second Defendant in the suit) and a known acquaintance of the former Minister of Petroleum Resources, Mrs Diezani Alison Madueke (first Defendant).
The investigator stated that among the documents recovered from the office of second defendant was an undated report titled: Highly Confidential Attorney work Product August Report. The said report contained a list of 18 companies and several properties located in the United Kingdom, the United States of America and Nigeria including: Adding that further to paragraph the above, the Commission extended invitation to the second defendant having been unable to locate and first Defendant in respect of the discoveries during the search. The second defendant honoured the invitation extended to him and upon his report, he was confronted with the Highly Confidential Attorney work Product August Report and in the course of interview, he told the agency that he registered the 18 companies, including the third defendant to assist Mrs Diezani Alison Madueke (first Defendant) in holding titles of her properties and that all the properties belong to her.
The deponet stated that as part of investigative procedures, the Commission wrote and dispatched letters of investigation activities to Oniru Chieftaincy family property Company (Oniru), individuals, organization and Financial institutions replies were received and analyzed. Adding tha based on the findings of the investigation, the EFCC commenced action to forfeit the vacant plot at plot 13 Block Il, Oniru Chieftaincy Family private Estate, Lekki, Lagos State. And that the Court in a considered Ruling granted an Interim order of forfeiture against the plot 13 Block Il, Oniru Chieftaincy Family private Estate, Lekki, Lagos State to the Federal Government of Nigeria. A copy of the interim order is herewith attached and marked as exhibit EFCC 28.
He also aveered that in compliance with Court Order as contained in exhibit EFCC 28, the interim Order of the Honourable Court was published in The Nation Newspaper Vol. No. 4404 Monday, August 20, 2018 as ordered by the Honourable Court. And that no person or party has shown or signified interest to ‘show cause’ against the interim Order of the court, which necessitated the present application for the final forfeiture Order of the Honourable Court.
He stated that it is of utmost public interest and concern and in the interest of justice to grant this application.
However, ######### 5. That this matter is hereby adjourned to the 24″ day of July, 2018 for hearing.
A FINAL ORDER forfeiting the properties/assets listed and described in the schedule herein to the Federal Government of Nigeria.
AND FOR SUCH FURTHER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstance.
GROUNDS UPON WHICH THE APPLICATION IS BROUGHT:
That this Honourable have the statutory powers under the provisions of Section 17 of the Advance Fee Fraud and other Fraud Related Offences Act, 2006 to grant the reliefs sought.
That the properties/assets sought to be finally forfeited are reasonably believed to be proceeds of unlawful activities.
That the properties/assets upon which a final forfeiture is sought have been temporally forfeited pursuant to the order of this Honourable Court granted on the 27th of June, 2018.
SCHEDULE OF PERSON AND THE ASSET AGAINST WHICH THE ORDERS ARE SOUGHT.
S/N DESCRIPTION OF LOCATION
A VACANT PLOT OF LAND