Court Orders Interim Forfeiture Of N28.5m, Houses Linked To Lagos’ Public Works Director
Justice Rilwan Aikawa of the Federal High Court in Lagos on Thursday, ordered the temporary forfeiture of N28, 500, 000 and several houses linked to a Director of Account, Lagos State Ministry of Public Works Corporation, Anifowoshe Muhammed Jamiu Alade, to the Federal government of Nigeria, for being proceeds of unlawful activities.
Justice Aikawa made the order after listening to an ex-parte application filed by the Economic and Financial Crimes Commission (EFCC) seeking temporary forfeiture of the fund and property pending prosecution.
The application was filed pursuant to Section 17 of the Advance Fee Fraud and other related Offences Act No. 14, 2006, and Section 44 (2)(b) of the Constitution.
Apart from the said N28.5 million, the court also ordered the forfeiture of six flats of three bedrooms, another six flats of two bedrooms, and six flats of one bedroom, located at Adewale Osiyeku Street, Offin-Ile Igbogbo-Ikorodu, Lagos.
The order further covered: four flats of three bedroom duplexes, located at 6, Tunde Gabby Close, Dopemu Area, Pako Bus Stop, Agege, Lagos, belonging to the Director.
The court also ordered the interim 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, for also being proceeds of unlawful activities.
The judge however directed the EFCC to publish the order granted in a National newspaper notifying the respondent in whose possession the properties sought to be forfeited are found and recovered to appear before the Court and show cause within 14 days why the properties should not be forfeited to the Federal Government of Nigeria.
While moving the application, counsel to the EFCC, Rotimi Oyedepo, submitted that the court is empowered to grant the reliefs sought by the commission.
Oyedepo contended that the money and property sought to be attached are reasonably suspected to be proceeds of unlawful activities, stolen, diverted and retained by Alade from the Public works Corporation, Lagos State.
In an affidavit in support of the application deposed to by an EFCC operative, Zayyanu Halliru, it was averred that as a Director of Accounts, the respondent (Alade), was custodian initiator, first authorizer and final authorizer of the internet banking system.
The deponent averred that the respondent, whilst being a Director of Finance, incorporated a company called MAJ Anny International Limited. He was said to be a Director at the company and the sole signatory to its account.
He further averred that the respondent used his position and company’s account to divert public fund meant for Public Work Corporation, Lagos State.
“I know as a fact that we traced to the respondent, the sum of N106,095,960.00 (One Hundred and Six Million, Ninety Five Thousand, Nine Hundred and Sixty Naira) which he fraudulently stole from Public Works Corporation, Lagos State, to his personal Account No. 0015893001, domiciled in Guaranty Trust Bank and converted same to his personal use.
“I know as a fact that we traced to the respondent, the sum of N223,373,475.00 (Two Hundred and Twenty Three Million, Three Hundred and Seventy Three Thousand, Four Hundred and Seventy Five Naira) which sums he fraudulently stole from Public Works Corporation, Lagos State, to MAJ ANNY INTERNATIONAL Limited, being his company account, domiciled in Zenith Bank.
“The respondent used part of the proceeds of crime allegedly stolen from Public Work Corporation, Lagos State, to purchase and acquire the following property:
“Six flats of three bedroom, six flats of 2 bedroom and 6 flats of 1 bedroom at Adewale Osiyeku Street, Offin ille Igbogbo, Ikorodu, Lagos State.
“Four flats of three bedroom duplexes at No. 6 Tunde Gabby close, Dopemu Area, Pako Bus Stop, Agege, Lagos State.
“One plot of land at Queen’s Garden Estate off Lagos-Ibadan Expressway.
“Semi-detached 3 bedroom flat and one unit of three bedroom Terrace at Cranbel Court, Citiview Estate, Arepo, Ogun State.
“Out of the stolen funds highlighted above, the respondent purchased two property from a company called Property Mart Real Estate Investment Limited in the sum of N37,740,000.00 (Thirty Seven Million, Seven Hundred and Fourty Thousand Naira)”, the deponent averred.
The deponent further averred that N28, 500, 000 have so far been recovered from the respondent.
Further hearing in the matter has been fixed for January 16, 2018.
