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Update: Federal High Court In Lagos Orders Temporary Forfeiture Of “Residential ATM”
The Federal High Court in Lagos yesterday ordered the temporary forfeiture of $43,449,947 (about N13billion), N23, 218,000 million and £27,800 (about N10.6milion) cash found in Flat 7B, Osborne Towers, 16, Osborne Road, Ikoyi, Lagos.
Justice Muslim Hassan ordered that the money be temporarily forfeited to the Federal Government until the owner shows up.
The order is based on an ex-parte motion filed by the Economic and Financial Crimes Commission (EFCC).
The judge directed EFCC to advertise the forfeiture order in a newspaper so that anybody who owns the money can claim it within 14 days.
The money will be permanently forfeited to the Federal Government should nobody claim it within the period.
EFCC’s lawyer Rotimi Oyedepo, while moving the motion, said so far, no one has come forward to claim the money.
He said even the property managers denied knowing who might have left the money there.
The lawyer prayed Justice Hassan to order the money’s temporary forfeiture in line with Section 17 of the Advance Fee Fraud and other Related Offences Act 2006.
Justice Idris granted an order directing the commission to publish the order “for anyone interested in the property (money) to appear within 14 days to show cause as to why a final forfeiture order should not be made in favour of the Federal Government.”
On how the money was recovered, Oyedepo said EFCC received an intelligence report that various sums of money were stashed in a flat in the building.
“The intelligence was acted upon. On getting there, we executed a search warrant and recovered $43, 449,947, N23,218,000 and £27,800 in cash.
“For security reasons, we could not bring the cash before my lord, but we have registered it with an exhibit keeper.
“Section 17 of the Advance Fee Fraud and other Related Offences Act empowers my lord to order the interim forfeiture of a property to the Federal Government where the property is found to be unclaimed, or where it is found to be proceeds of an unlawful activity.
“No one has approached the commission to claim these sums with reasonable evidence confirming the genuine origin of the money we’re seeking to forfeit in the interim.
“Even the staff of AM Facilities who manage the property could not even give us the identity of the owner of the money surreptitiously kept in that apartment.
“It is, therefore, my submission that the facts and circumstances of this case have their root tied to the provisions of Section 17 which my lord has the power to enforce pending when whoever has the mind to come and claim it shows up. That is our humble prayer,” Oyedepo said.
Ruling, Justice Hassan granted EFCC’s prayers, saying: “Based on the grounds of the application, the affidavit and the written address, I hereby grant the application as prayed.”
An EFCC source said the commission engaged the Central Bank of Nigeria (CBN) to mobilise counting machines to assist in determining the total haul.
“This is a major breakthrough for this commission. We will not relent in recovering slush funds.
“The whistle blowing policy has added value to the anti- graft war. Some of those who looted public funds have been avoiding banks.
“They kept the cash at home and we are on their trail. Imagine what over N11 billion can do in the life of this nation, while the amount traced to private accounts sums up to N4 billion,” the source said.
About N16 billion has been uncovered by the EFCC in the last few days in Lagos, including the N12,360,814,000 recovered and about N4 billion traced to private accounts.
The Federal Government had last December 22 launched a whistle blowing policy to expose fraud and other related crimes in the public and the private sectors.
Section 17 (1) of the Advance Fee Fraud Act says: “Where any property has come into the possession of any officer of the Commission as unclaimed property, or any unclaimed property is found by any officer of the Commission to be in the possession of any other person, body corporate or financial institution, or any property in the possession of any person, body corporate or financial institution is reasonably suspected to be proceeds of some unlawful activity under this Act, the Money Laundering Act of 2004, the Economic and Financial Crimes Commission Act of 2004 or any other law enforceable under the EFCC Act of 2004, the High Court shall upon application made by the Commission, its officers, or any other person authorised by it, and upon being reasonably satisfied that such property is an unclaimed property or proceeds of unlawful activity under the Acts stated in this subsection, make an order that the property or the proceeds from the sale of such property be forfeited to the Federal Government of Nigeria.”
Justice Hassan adjourned until May 5 for hearing.
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N110bn fraud: Court gives Yahaya Bello more time to respond to summons
A federal capital territory (FCT) high court in Maitama has extended the time for Yahaya Bello, former Kogi governor, to respond to the public summons issued against him.
On October 3, Maryanne Anenih, presiding judge, ordered Bello to appear before the court on October 24 for arraignment on a 16-count charge preferred against him by the Economic and Financial Crimes Commission (EFCC).
Bello was however absent at the court session on October 24.
The court had then adjourned to November 14 for Bello to respond to the summons.
However, the former governor did not show up in court on Thursday.
Jamiu Agoro, counsel for the EFCC, said the order of the court issued on October 3 had not elapsed since the commission effected service on October 18.
Consequently, Agoro prayed the court for an adjournment and an extension of time for Bello to appear.
“In that wise, we feel it will not be appropriate for us to take proceedings while that 30 days is still running. So we have discussed and agreed to come back on the 27th day of November 2024, my lord,” he said.
The EFCC also told the court that Bello’s co-defendants, Umar Oricha and Abdulsalami Hudu, two officials of the Kogi state government, have been granted administrative bail.
Counsel for the 2nd and 3rd defendants confirmed the administrative bail of their clients. They also did not oppose the request for adjournment and extension of time.
After listening to all counsels, the judge granted the EFCC’s application for adjournment and extension of time.
The judge also ordered that hearing notice should be served on Bello at his last known address and should be pasted on conspicuous places around the court.
The charge against the defendants borders on alleged criminal breach of trust to the tune of N110,446,470,089, contrary to sections 96 and 311 of the Penal Code Law Cap.89, Laws of Northern Nigeria, 1963, and punishable under section 312 of the same law.
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Ondo poll: IGP bans security aides from accompanying VIPs to polling booths
Kayode Egbetokun, inspector-general of police (IGP), has banned security aides and escorts from accompanying VIPs into polling booths and collation centres during the governorship election in Ondo.
In a statement issued on Thursday, Olumuyiwa Adejobi, police spokesperson, said Egbetokun has implemented “comprehensive security measures” to ensure a peaceful, transparent, and credible election.
Egbetokun named Sylvester Alabi, deputy inspector-general, as the coordinating DIG for the election to oversee the implementation of security strategies and to maintain law and order throughout the electoral period.
The IGP also named Bennett Igweh, an assistant inspector-general, and Tunji Disu, a commissioner of police, as AIG and CP elections respectively.
Egbetokun said all movements on roads, waterways and other means of transportation are restricted from 6am to 6pm in the state on Saturday except for those on essential services, such as ambulances, media officials, and fire service personnel.
“Furthermore, security aides and escorts attached to VIPs are banned from accompanying VIPs to polling booths and collation centres to prevent disruptions,” the statement reads.
“Unauthorized security personnel and quasi-security agencies will not be permitted to operate during the election, and a strict ban on using sirens by unauthorized vehicles will be enforced.
“Special consideration will also be extended to individuals with disabilities, pregnant women, nursing mothers, and those facing mobility challenges to ensure that polling stations remain accessible.
“Designated election lines have been established for inquiries and reporting incidents. These lines will be publicized as soon as possible.”
The IGP said the police will work with the military and other security agencies to ensure the election is conducted fairly and peacefully.
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Okpebholo orders freezing of ALL Edo government accounts
Monday Okpebholo, governor of Edo, has ordered a freeze of all bank accounts belonging to the state government.
Okpebholo issued the directive on Thursday through Fred Itua, chief press secretary to the governor.
He asked commercial banks, ministries, departments, and agencies (MDAs) to immediately comply with the order or face severe consequences.
“All bank accounts in all the commercial banks have been frozen. Commercial banks must comply with the order and ensure that not a dime is taken out of the coffers of Government until further notice,” the statement reads.
“Heads of Ministries, Departments and Agencies must comply with this order without further delays.
“After the necessary investigations and reconciliations, the Governor will do the needful and decide on the way forward. For now, this order stands.”
Okpebholo also directed relevant agencies to reverse the naming of the ministry of roads and bridges to the ministry of works — a nomenclature changed during the Godwin Obaseki administration.
“It is funny how you can call a Government institution Ministry of Roads and Bridges,” the statement reads.
“Ironically, no single bridge was built by the same administration. Not even a pedestrian bridge
“In the coming days, we will look at more actions taken by the previous administration and more decisions will be taken that will be done in the best interest of the state.”
The development comes days after Okpebholo took over the reins of power in Edo.
The governor had earlier ordered an indefinite suspension of revenue collection in the state — including at motor parks.
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