Judge Calls For Oral Evidence In Forfeiture Suit Against Saraki
A Federal High Court in Lagos on Monday declined to order the final forfeiture of two properties belonging to a former Senate President, Dr. Bukola Saraki over conflicting affidavit evidences filed by the Economic and Financial Crimes Commission (EFCC)
Justice Mohammed Liman, while delivering ruling in the matter, held that the suit can only be resolved when the EFCC call witnesses to provide oral evidence to clear the ambiguities in its written affidavit.
The judge, who also dismissed a preliminary objection filed by the Senate President and assumed jurisdiction to hear the suit.
In the suit, the EFCC had urged the court to order the final forfeiture to the Federal Government of Saraki’s properties situated at 17 & 17A, McDonald Road, Ikoyi, Lagos.
At the last sitting of the court on March 5, the EFCC Counsel, Nnaemeka Omewa, who moved the application for the final forfeiture told Justice Liman, that the properties were acquired with a loan obtained from Guaranty Trust Bank and paid back by money suspected to have been diverted from the coffers of the Kwara State Government.
The counsel specifically alleged that “There are written statements from some officials of the Kwara State government on how the money was taken from the coffers of the state government and used to pay back the loan.”
The EFCC, therefore, asked the court to look at the merit of its case, all the exhibits attached and make an order permanently forfeiting the properties to the Federal Government.
Counsel to the former Senate President, Kehinde Ogunwumiju, SAN, had however asked the court to reject the application by the EFCC.
The counsel argued that the EFCC has not been able to prove that the money used to pay back the loan was acquired by any illegal activity.
He also told the court that the EFCC had litigated on the same properties before the Code of Conduct Tribunal all the way to the Supreme Court and had lost.
The counsel then asked the court to dismiss the EFFC’s suit seeking the final forfeiture of the properties and to instead rule in favour of the former Senate President.
In his ruling on Monday, Justice Liman held that the documents put before the court by the EFCC in support of the final forfeiture order was insufficient.
The judge also held that the EFCC’s documents did not establish any link showing that Kwara State Government funds were used to repay the former Senate President’s loan.
Justice Liman, therefore, directed the anti-graft commission to call its witnesses at the next adjourned date, to give oral evidence to resolve the inconsistencies and contradictions in its documents.
The judge also held that lawyers to Saraki will get an opportunity to cross-examine the witnesses.
He then fixed September 27 for further hearing in the matter.
