Court Orders Forfeit Of Lagos Director’s N28.5m, Houses To FG
Justice Rilwan Aikawa of the Federal High Court in Lagos on Wednesday
ordered the final forfeiture of the sum N28.5 million and some
properties recovered from a director of Finance in the Public Works
Department of Lagos State, Jamiu Anifowoshe to the federal government.
The judge ordered that six flats of three bedroom, another six flats
of two bedroom, and six flats of 1 bedroom, located at Adewale Osiyeku
Street, Offin-Ile Igbogbo-Ikorodu, Lagos: and four flats of three
Bedroom duplex, located at 6, Tunde Gabby Close, Dopemu Area Pako Bus
Stop Agege, Lagos be forfeited to government for being proceeds of
unlawful activities.
The court also ordered the final forfeiture of a semi-detached three
bedroom flat, and one unit of three bedroom terrace at Cranbel Court,
Citiview Estate Arepo, Ogun State, and a plot of land situated at
Queen’s Garden Estate off Lagos-Ibadan Expressway, to the Federal
Government of Nigeria.
Justice Aikawa made the order while ruling on an application filed by
the Economic and Finance Crimes Commission (EFCC) against the
director.
The judge had earlier granted an interim order forfeiting the money
and the properties to the federal government.
Justice Aikawa also directed the federal government to take
administrative step to ensure that both the money and the properties
are transferred to the Lagos State Government in view of the affidavit
before the court.
However, the director through his lawyer, Wole Okenile, said they are
appealing the ruling in the next 24 hours.
Particularly, the director said he is appealing against the forfeiture
of six flats of three bedroom, another six flats of two bedroom, and
six flats of 1 bedroom, located at Adewale Osiyeku Street, Offin-Ile
Igbogbo-Ikorodu, Lagos, which he claimed to have acquire before
assuming office of the Director in the ministry.
Reviewing the case earlier, before reaching his conclusion, Justice
Aikawa said Section 17 of the Advance Fee Fraud and other related
Offence Act, Number 14, 206, empowers the court to grant an order of
forfeiture of properties reasonably suspected to be proceeds of crime
to the federal government.
The judge said that the respondent in this case did not file any
counter-affidavit to challenge the plaintiff averrement, but was only
represented by a counsel who made oral application asking the court to
set aside its earlier order of interim forfeiture, on the ground that
the applicant failed to prove beyond reasonable doubt that the
properties in contention were stolen.
Justice Aikawa added that Okeniile, lawyer to the respondent, while
making his oral submission said that the onus of proof is on the
applicant (EFCC).
On the side of Lagos State Government, who has filed an application
for joinder, the judge said that the state filed an application to
show course that the money belong to it, pointing out that the court
has inherent power to vary its order despite the provision of Section
17 of Advance Fee Fraud and other related offences.
The Lagos state had stated that the properties should be forfeited to
it, but did not oppose the forfeiture.
